K CF0453 TOYO88 6 48 72 25 107 125 150 ISSN 1348-9364 ISSN ・・・・・・・・・・・・・・・・・ ・・・・・・・・・・・・・・・・ ・・・・・・・・・・・・・・・・・・・・ ・・・・・・・・・・・・・・・・・・・・・ From the From - Japan Labor Review 2005 Autumn 表紙(2C) Autumn 2005 Review Labor Japan ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・
・・ ・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・・ The Japan Institute for Labour Policy and Training and Labour Policy The Japan Institute for bor Reviewbor lume 2, Number 4, Autumn 2005 lume 2, Number Japan Special Edition asuo Kuwahara Vo Contents Foreign Workers in Japan: Reality and Challenges in Japan: Workers Foreign Kazuaki Tezuka and Workers Nikkei for Management Human Resource the Increase of Indirect Employment Watanabe Hiroaki in Japan Policy Worker of Foreign Problems Viewpoint Labor Union Naoto Oumi Articles Based on Research Reports and Workers to Protect Works Social Dialogue How in Japan Time of Restructuring Their Companies in Norie Honda JILPT Research Activities Foreign Workers Articles in Japan Workers Current Issues Concerning Foreign Ogawa Makoto History of Japan in the Post-War Workers Migrant Y La
Japan Labor Review Volume 2, Number 4, Autumn 2005 The Japan Institute for Labour Policy and Training and Labour Policy The Japan Institute for size = 152 x 226mm Japan Labor Review 2005 Autumn 表2-3(1C) K
Foreign Researcher Invitation Program
The Japan Institute for Labour Policy and Training (JILPT) organizes Foreign Researcher Invitation Programs. Currently we are inviting foreign researchers to Japan who are highly motivated and have a desire to study Japanese labor issues.
Term or Invitation: 1) 1 to 12 months EDITOR-IN-CHIEF 2) Less than 1 month Akira Ono, The Japan Institute for Labour Policy and Training
EDITORIAL BOARD Expenses: Hiroyuki Fujimura, Hosei University Yuji Genda, The University of Tokyo The JILPT will cover travel, living and other expenses. Ryo Kambayashi, Hitotsubashi University Reiko Kosugi, The Japan Institute for Labour Policy and Training Motohiro Morishima, Hitotsubashi University Requirements: Harumi Muroyama, The Japan Institute for Labour Policy and Training 1) Must conduct research on Japanese labor policies or other labor issues. Hiroya Nakakubo, Kyushu University Kazuya Ogura, The Japan Institute for Labour Policy and Training 2) Must submit a research report to the JILPT at the end of stay. Fumio Ohtake, Osaka University 3) Must possess sufficient command of Japanese or English. Atsushi Sato, Doshisha University Ryuichi Yamakawa, Keio University 4) Must stay at JILPT while conducting research. 5) Health must be sufficient to carry out and complete intended studies. The Japan Labor Review is published quarterly in Spring (April), Summer (July), Autumn (October), and Winter (January) by the Japan Institute for Labour Policy and Training.
EDITORIAL OFFICE Application deadline: The Japan Institute for Labour Policy and Training Applications are accepted annually. We are currently accepting applications International Affairs Department 8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502 Japan for 2006 (April 2006 to March 2007). If you would like to apply for this year, TEL: +81-3-5903-6315 FAX: +81-3-3594-1113 please submit your application documents by December 10, 2005. Email: [email protected] Homepage: http://www.jil.go.jp/english/index.html Printed in Japan For more details, please access the Foreign Researcher Invitation Program on our website or contact us at: How to Receive the Review: The Review is distributed free of charge. (However, in some cases the receiver will have to pay for postage.) To receive the Review, please complete the order form and fax it to the Editorial Office, or access http://www.jil.go.jp/english/index.html. The Japan Institute for Labour Policy and Training International Affairs Department © 2005 by the Japan Institute for Labour Policy and Training 8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502 Japan All rights reserved. TEL: +81-3-5903-6311 FAX: +81-3-3594-1113 Email: [email protected] URL: http://www.jil.go.jp/english/Invitation.htm Japan Labor Review 2005 Autumn 表2-3(1C) K
Foreign Researcher Invitation Program
The Japan Institute for Labour Policy and Training (JILPT) organizes Foreign Researcher Invitation Programs. Currently we are inviting foreign researchers to Japan who are highly motivated and have a desire to study Japanese labor issues.
Term or Invitation: 1) 1 to 12 months EDITOR-IN-CHIEF 2) Less than 1 month Akira Ono, The Japan Institute for Labour Policy and Training
EDITORIAL BOARD Expenses: Hiroyuki Fujimura, Hosei University Yuji Genda, The University of Tokyo The JILPT will cover travel, living and other expenses. Ryo Kambayashi, Hitotsubashi University Reiko Kosugi, The Japan Institute for Labour Policy and Training Motohiro Morishima, Hitotsubashi University Requirements: Harumi Muroyama, The Japan Institute for Labour Policy and Training 1) Must conduct research on Japanese labor policies or other labor issues. Hiroya Nakakubo, Kyushu University Kazuya Ogura, The Japan Institute for Labour Policy and Training 2) Must submit a research report to the JILPT at the end of stay. Fumio Ohtake, Osaka University 3) Must possess sufficient command of Japanese or English. Atsushi Sato, Doshisha University Ryuichi Yamakawa, Keio University 4) Must stay at JILPT while conducting research. 5) Health must be sufficient to carry out and complete intended studies. The Japan Labor Review is published quarterly in Spring (April), Summer (July), Autumn (October), and Winter (January) by the Japan Institute for Labour Policy and Training.
EDITORIAL OFFICE Application deadline: The Japan Institute for Labour Policy and Training Applications are accepted annually. We are currently accepting applications International Affairs Department 8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502 Japan for 2006 (April 2006 to March 2007). If you would like to apply for this year, TEL: +81-3-5903-6315 FAX: +81-3-3594-1113 please submit your application documents by December 10, 2005. Email: [email protected] Homepage: http://www.jil.go.jp/english/index.html Printed in Japan For more details, please access the Foreign Researcher Invitation Program on our website or contact us at: How to Receive the Review: The Review is distributed free of charge. (However, in some cases the receiver will have to pay for postage.) To receive the Review, please complete the order form and fax it to the Editorial Office, or access http://www.jil.go.jp/english/index.html. The Japan Institute for Labour Policy and Training International Affairs Department © 2005 by the Japan Institute for Labour Policy and Training 8-23, Kamishakujii 4-chome, Nerima-ku, Tokyo 177-8502 Japan All rights reserved. TEL: +81-3-5903-6311 FAX: +81-3-3594-1113 Email: [email protected] URL: http://www.jil.go.jp/english/Invitation.htm
Japan Labor Review
Volume 2, Number 4, Autumn 2005
CONTENTS
Foreign Workers
Articles 6 Current Issues Concerning Foreign Workers in Japan Makoto Ogawa
25 Migrant Workers in the Post-War History of Japan Yasuo Kuwahara
48 Foreign Workers in Japan: Reality and Challenges Kazuaki Tezuka
72 Human Resource Management for Nikkei Workers and the Increase of Indirect Employment Hiroaki Watanabe
107 Problems of Foreign Worker Policy in Japan – From the Labor Union Viewpoint Naoto Oumi
Articles Based on Research Reports 125 How Social Dialogue Works to Protect Workers and Their Companies in Time of Restructuring in Japan Norie Honda
150 JILPT Research Activities
NEXT ISSUE(Winter 2006) The Winter 2006 issue of the Review will be a special edition devoted to Labor and Management Dispute Resolution System.
INTRODUCTION Feature Articles: The Issue of Foreign Workers
Today, there are an estimated 2 million foreigners in Japan, of whom 800,000 are believed to be working. The combination of fewer children per family and a rapidly aging society in Japan is making the shrinking working population an imminent problem. Because of this, there is increasing talk about whether or not it is advisable to look to foreign labor as a means of maintaining, and if possible strengthening, the economic vitality of the nation.
However, the debate over the influx of foreign labor into Japan is no recent phenomenon. In the first half of the 1980s, there was a conspicuous increase in female immigrants from Southeast Asian countries – particularly the Philippines and Thailand – seeking jobs in service sectors such as the entertainment business. In addition, from the middle to the late 1980s, when the bubble economy boomed, the manufacturing and construction industries ran into serious manpower shortages and the possibility of employing foreign workers to make up for the shortfall began to be discussed in earnest.
Disagreements persisted between employers, who called for the acceptance of foreign labor as a means of helping the economy, and labor unions, who feared the negative impact such a move might have on domestic employment. One point of agreement that eventually emerged was that foreigners with technical or craft skills should be accepted while caution should be exercised in accepting unskilled workers. It was further agreed that foreign workers of Japanese ancestry, namely descendants of Japanese emigrants to South America, etc., could be accepted with few restrictions.
When the Japanese economy ran into a phase of protracted stagnation, an over-supply of labor replaced the shortage, and the arguments concerning the acceptance of foreign labor lost momentum. Since entering the new millennium, however, fear of a future labor shortage has surpassed that of
the 1980s, when the shortage was due to a greater demand for manpower. This time, the shortfall has come as a result of an anticipated drop in childbirths and the advancing age of the population. However, against the backdrop of China’s rapid economic growth, workers have been increasingly employed on short-term contracts in factories as a flexible way to utilize human resources and strengthen Japan’s industrial competitiveness. Foreigners with Japanese ancestry were seen as a valuable resource in meeting this demand.
It should be noted, however, that millions of foreign workers would have to be employed every year if the shortfall in the labor market due to the shrinkage of Japan’s population is going to be made up solely by accepting foreign labor. Consequently, a consensus seems to have arisen in Japan that priority should be given to the utilization of women and the elderly, who are not counted among the working population at the moment, as well as young labor, among whom the unemployment rate remains high. Recently, caution has been increasingly voiced over the unconditional acceptance of foreign labor, partly due to concerns over an increase in crimes by foreign residents and a deterioration in public safety in Japan.
At the same time, however, many sectors of industry and small businesses cannot survive without employing foreign workers for simple jobs. In districts where such industries and enterprises are concentrated, many cities have communities of “settled” foreign residents rather than “migrant” workers. The indigenous citizens in these areas are faced with a challenge today – not tomorrow – of how to live together in harmony with these foreign residents as neighbors in the same community.
On the theme featured in this issue, we are privileged to have articles by experts who are well acquainted with the realities of individual work places and local communities. In these articles, the respective authors identify, from a detailed point of view, the problems involved and propose viewpoints from which solutions to the problems can be sought.
Mr. Makoto Ogawa, in his capacity as a policymaker on the employment
of foreign workers, describes the current situation in detail as well as the contents of relevant policies and future trends. His article points out that the issue of accepting foreign workers is not merely a matter of labor policy, but also has to be discussed in a comprehensive framework in the context of seeking a national consensus in such areas as education, public safety, industrial competitiveness and locally oriented policies.
Emeritus Yasuo Kuwahara, as a top expert among Japanese labor economists on the issue of foreign labor, places the issue of foreign residents in the context of postwar history and explains its contemporary significance. In his article, the author points out that the current policy on foreign residents still involves the negative byproducts of a vertically aligned public administration system that can only respond to problems on an ad hoc basis. He states the need to set up a government body with a unified authority over all foreigner-related measures – currently handled by many different ministries and agencies – and to establish a long-term vision regarding immigration policies.
Emeritus Kuwahara’s proposition is echoed in the article of by Mr. Kazuaki Tezuka, a legal expert, who points out the need to set up a government body responsible for the formulation of a comprehensive national policy on the issue of foreign residents, and draws attention to a number of cases where early remedies are needed for specific legal problems. One is the isolation of many children of Japanese ancestry from the rest of the community, as they cannot speak Japanese and do not go to school. As they do not want to return to their native countries, this situation may result in a serious public safety problem in the future. In addition, some contractors rely on illegal labor agencies. Workers of Japanese ancestry are often employed through such unlawful brokers without any protection of their rights as workers.
Mr. Hiroaki Watanabe, an economist, reports on the management of immigrant workers through findings in a survey he made on contractors who employ many workers of Japanese ancestry. He outlines an emerging new situation, which is characterized by a shift in the pattern of recruitment
of such workers from approaches in their native countries to the use of a network within Japan, and by an increasing trend for recruiting female workers. At the same time, he also points out long-established tendencies of long overtime work, lack of opportunities for skill development and wage levels that pay little attention to individual workers’ experience.
Finally, Mr. Naoto Omi identifies problems concerning foreign labor from the viewpoint of the labor union. He stresses the need for caution in easily accepting unskilled workers, and tidies up the points of discussion regarding the utilization of foreign labor in the field of medical and nursing care in the context of the aging population. The author draws attention to the need for not only regulation on entry, namely qualification for lawful immigration and visa status, as currently practiced, but also for the development of an adequate policy covering foreign workers “after they are accepted,” based on the assumption that most of them want to settle down in Japan.
I hope that these features contribute to the reader’s better understanding of the current status of foreign labor issues in Japan.
Yuji Genda, Associate Professor, Institute of Social Science, The University of Tokyo
Current Issues Concerning Foreign Workers in Japan Makoto, Ogawa Director, Foreign Workers’ Affairs Division, Employment Security Bureau, the Ministry of Health, Labour and Welfare
Summary
With concerns being voiced about a possible structural shortage of labor in the future due to a declining fertility rate and ageing of society in recent years, there is heightening pressure on Japan at EPA, WTO and other international arenas to accept foreign workers. At the same time, issues concerning foreign workers have been drawing attention at home, where there are calls for acceptance of workers from abroad in the interest of further globalization of Japan. This article overviews the current situation, the opinions of various circles, general public opinion, and policy issues among other things concerning foreign workers in Japan.
1. Current State of Affairs of Labor Market in Japan (1) Population Pattern; Lower Fertility rate and Ageing of Population in Japan Due to a fall in the fertility rate, Japan is facing an accelerating decrease in the number of children and a rapid increase in the proportion of elderly people. According to a long-term projection conducted in January 2001 by the National Institute of Population and Social Security Research, the Japanese population will reach a peak in 2006, and subsequently enter a phase of decline. Accordingly, the proportion of elderly population (the ratio of people aged 65 and above to the population as a whole) is expected to rise from 25.2 percent in 2000 to 50.0 percent in 2030. With ageing and the decrease in the number of children accelerating, questions related to the acceptance of workers from abroad are currently in the spotlight as a controversial issue in various circles.
(2) The Current Employment / Unemployment Situations The employment situation in Japan is tending towards recovery at the moment, after passing through a worst situation in January 2002 when the
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Current Issues Concerning Foreign Workers in Japan unemployment rate marked 5.5 percent: the rate was 4.4 percent as of May 2005. However, a high unemployment rate and a shortage of jobs affecting, in particular, young people have remained as serious social problems: currently, about three million persons are jobless;, while 2.5 million young persons aged under 35, though not “unemployed,” did not have, as of 2000, stable jobs and were labeled as freeters; and there were 800,000 young NEET persons (neither in employment, education, nor training).
2. Basic Policy concerning the Acceptance of Foreign Workers
The basic policy concerning the acceptance of foreign workers was approved on August 13, 1999, in a Cabinet meeting. In declares that, “Under these circumstances, the government will more actively promote the acceptance of foreign workers in professional or technical fields from the standpoint of invigorating and internationalizing the country’s economy and society. Concerning the acceptance of what are called unskilled workers, it can be expected to have a tremendous effect on the Japanese economy, society and national life, beginning with problems related to the domestic labor market. In addition, it would have a significance impact on both the foreign workers themselves and their countries. Therefore, the Government must cope with this issue with thorough deliberation based on a consensus among the Japanese people.” Despite this official statement of policy, the scope of workers to be admitted is not necessarily fixed: the basic policy says that “The scope of accepting foreign workers as prescribed by the status of residence and their related examination criteria will be reviewed hereafter as well in accordance with changes in the Japanese economic and social situation, etc. However, when viewed as a country taking in foreign workers, Japan is in the vicinity of many countries with large populations and developing economies. Therefore, the fact that there exists enormous potential pressure for influx into Japan should be taken into consideration. It is for this reacon that there is the need to study a way to accept foreign workers that will regulate the numbers of people entering the country precisely and dynamically in
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accordance with the state of the domestic labor market, such as deterioration of the employment situation, while giving consideration to the impact on Japanese industry and national life and other factors.”
3. The Current Situations Affecting Foreign Workers in Japan (1) Overview In 2003, foreigners residing in Japan for the purpose of working in professional or technical fields 1 totaled 185,556; persons of Japanese descent2, etc. 230,866; workers engaging in activity outside the scope is permitted3 (working activities with the permission of Ministry of Justice) 98,006; technical interns, etc.4 53,503; and illegal residents 219,418.
(2) Foreign Workers in Specialized or Technical Fields The number of foreign workers in professional and technical fields increased approximately by 90,000, or 110 percent, compared to the figure in 1992, 85,517. The number has increased steadily since 1992 except for 1995 when it dropped sharply. The drop is largely attributable to a drop of 18,852, compared to the previous year5, in the number of foreign workers with the residential status of “entertainer.” Of foreign workers in these fields, the number of those who reside with
1 The number of foreigners who reside in Japan with a status of residence that authorizes them to engage in work under the Immigration Control Act. 2 This is the number of foreigners who are “permanent residents,” “spouses or children of Japanese nationals,” or “spouses or children of permanent residents,” and engage in work in Japan. The number of persons of Japanese descent who are in work is an estimate by the Ministry of Health, Labour, and Welfare. 3 Workers engaging in activity outside the scope is permitted are foreigners residing in Japan with the status of “overseas student” or others, and engaging in arubaito under special permission to engage in activities outside the scope of their status. 4 Technical interns, etc. means those who possess a residential status allowing them to engage in special activities or in work under a technical internship program, those who stay in Japan under the working holiday program and are probably engaged in work, and so on. The number of such technical interns, etc. is an estimate by the Ministry of Health, Labour and Welfare. 5 The question of foreign workers who first entered the country to engage in “entertainment” but in fact were engaged in activities outside the scope of their status was taken up in the Diet, and in June, 1996, the ministry ordinance on “entertainment” was revised.
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Current Issues Concerning Foreign Workers in Japan permission to engage in entertainment activities is the largest, 64,642, followed by those qualifying as specialists in the humanities or international services at 44,943; and as engineers at 20,807. By origin, 88.7 percent of those engaging in entertainment activities are from Asia, 9.8 percent from Europe, and almost none from other regions. On the other hand, while people from Asia account for 42.6 percent of the “specialists in humanities or international services,” the proportion from North America is also high, at 27.1 percent. This is attributable to the fact that quite a few people from this region enter Japan as language teachers.
(3) Persons of Japanese Descent, etc. The Immigration Control and Refugee Recognition Act was revised in 1989, and a status of residence for “long-term residents” was newly introduced. Since long-term residents are descendants of Japanese nationals, they are not subject to any restrictions on their activities in Japan. Hence, following the revision of the Act, an increasing number of persons of Japanese descent came to Japan and worked in the manufacturing sector, which was then suffering from a labor shortage. In 1990, 71,803 foreigners of Japanese origin worked in Japan, and in 2003, the figure increased to 230,866. However, it has leveled out since 1997, reasons being that the performance of the Japanese economy was not good, and that an increasing number of foreigners with the residential status of “spouses or children, etc. of Japanese nationals” and “long-term residents” shifted their status to “permanent residents.” In 1998, “permanent residents” of Brazilian and Peruvian nationals totaled 5,853, and in 2003, 58,984, showing an increase of 50,000 over the five years. Although most Latin Americans of Japanese origin first came to Japan as migrant workers, they are coming to stay longer in Japan in recent years. In terms of duration of stay, Japanese descendants who have stayed in Japan for 10 years or longer account for 28 percent; those for 7 years or longer but less than 10 years 21 percent: thus about half stay in Japan for 7 years or longer6. In the meantime, 64.9 percent of such foreign workers of Japanese
6 From the Industrial Employment Stabilization Center of Japan, a “questionnaire survey to workers of Japanese descent,” 2002.
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origin work for business establishments engaged in worker dispatch or contract business, showing a high proportion of persons in indirect employment (“the 2004 Report on the Employment of Foreign Nationals,” the Ministry of Health, Labor and Welfare).
(4) Technical Interns A “Technical Internship Program” was established in April 1993 as a new form of mechanism for transferring technologies to developing and other foreign countries. The program provides foreign interns who have entered Japan with a “training” residential status with opportunities to receive training for a certain period (normally 9 to 12 months); to have their “performances in training” assessed; and, if they have satisfied various requirements including the attainment of a certain standard in the internship program, to work under a labor contract and acquire technologies and skills through on-the-job training. The total duration of stay for training and technical internship is set at three years or less. The number of technical interns totaled 5,054 7 in 1993, and substantially increased to 53,503 by 2003. By industry, the textile and clothing manufacturing industry accept the largest number of technical interns, followed by manufacturers of machinery and other metal products.
(5) “College Students” and “Pre-College Students” The number of college students8 and pre-college students9 residing in Japan has been increasing. A majority of students classifiable into these categories are from China, the Republic of Korea, and other countries in Asia. College students and pre-college students are entitled to work during the academic term for a maximum of 28 hours and 4 hours per week, per
7 The figure includes, apart from technical interns, those who are in work with the residential status of “working holiday” or other “special activities.” 8 “College Student” is a residential status for those receiving specialist education at universities, colleges or advanced vocational schools. 9 “Pre-college Student” is a residential residence for those receiving high school education or general education at high schools or vocational schools.
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Current Issues Concerning Foreign Workers in Japan day, respectively, and for up to 8 hours per day during the summer holiday and other long-term vacations, provided they have acquired permission to engage in activities outside the normally permitted scope (engagement in “adult entertainment” is prohibited). In 2003, a total of 98,006 overseas college and pre-college students obtained permission to engage in activities outside the scope permitted, an increase of 16.6 percent from the previous year. According to a Report on the Employment of Foreign Nationals, 34.3 percent of foreign nationals residing in Japan with the status of “college student” or “pre-college student” and working with the appropriate permission worked in food and drink establishments or the accommodation industry, followed by 20.0 percent in the wholesale and retail industry; and 17.3 percent in the manufacturing industry. A survey by the Immigration Bureau of the Ministry of Justice shows that, in 2003, overseas students with the status of “college students” or “pre-college students” who were permitted to shift to another status with entitlement to work totaled 3,778: by nationality, those from China (59.8 percent) and from South Korea (19.1 percent) accounted for nearly 80 percent of the whole. Major occupations of such ex-students included
Table 1. Trends in Country of Origin of Overseas College and Pre-College Students in Japan Rate of change Residential status 1999 2000 2001 2002 2003 (%) compared to end of previous year (%) College 64,646 76,980 93,614 110,415 125,597 6.6 13.7 Student China 35,879 45,321 59,079 73,795 87,091 69 18 R.K.O. Korea 13,194 14,848 16,671 17,091 16,951 13.5 -0.8 Malaysia 2,035 1,890 1,850 1,937 2,054 1.6 6.0 Thailand 1,294 1,468 1,601 1,760 1,921 1.5 9.1 Indonesia 1,312 1,448 1,511 1,607 1,662 1.3 3.4 Others 10,932 12,005 12,902 14,225 15,918 12.7 11.9 Pre-college 34,541 37,781 41,766 47,198 50,473 2.6 6.9 Student China 22,782 26,542 30,170 35,450 38,873 77 9.7 R.K.O. Korea 7,776 7,432 7,587 7,236 6,560 13 9.3 Sri Lanka 203 198 290 427 511 1 19.7 Thailand 359 366 409 445 474 0.9 6.5 Bangladish 239 220 232 299 469 0.9 56.9 Others 3,182 3,023 3,078 3,341 3,586 7.1 7.3 Source: “Statistics on Registered Foreign Nationals as of the End of 2003,” Ministry of Justice
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“translation / interpretation” (23.7 percent), “technical development” (9.4 percent), “sales” (9.2 percent), and “education” (6.9 percent). By industry, 28.2 percent were employed in the manufacturing sector, followed by 19.8 percent in the “commercial and trading sector,” 13.6 percent in the “education sector,” and 11.0 percent in sectors “related to computers.”
(6) Public Views on Foreign Workers10 Where public opinion concerning the acceptance of foreign workers is concerned, a survey shows that those who replied “unskilled workers should be widely accepted without any particular condition” accounted for only 16.7 percent, while those who called for “acceptance with certain requirements”11 accounted for 39.0 percent, and those who did not want to accept any foreign workers ” for 25.9 percent. Strict comparison of the survey results with those in the past cannot be made due to differences in the questions, but it should be noted that the proportion of those who replied that “foreign workers should not be accepted in the future either” increased from 14.1 percent in a survey conducted in 1990 to 25.9 percent in 2004. Among reasons for refusing acceptance, “fear of deterioration in public security” was chosen by 54.0 percent of respondents in 1990, 62.9 percent in 2000, and 74.1 percent in 2004: concern over public security has been getting stronger. As for the debate concerning acceptance of foreign workers on account of a labor shortage, the survey showed that the proportion of respondents saying “it should be considered positively,” and “foreign workers should be accepted once female and elderly workers have been made full use of and efforts made in improving productivity” decreased from 17.1 percent to 15.3 percent, and from 53.2 percent to 45.0 percent, respectively, from the survey conducted in 2000. On the other hand, the proportion of those who replied that “foreign workers should not be accepted without careful thought” increased from 23.1 percent to 29.1 percent.
10 The survey is an “opinion survey concerning acceptance of foreign workers,” Cabinet Office, 2004. 11 “Priority should be given to full use of females and the elderly and other Japanese labor. If labor is in short supply in some fields despite this, unskilled foreign workers will be accepted.”
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Current Issues Concerning Foreign Workers in Japan
The proportion of the Japanese who find illegal employment to be wrong is increasing – 32.1 percent in 1990, 49.2 percent in 2000, and 70.7 percent in 2004, while the proportion of those who believe that “it is wrong but cannot be helped” has been decreasing, from 55.0 percent in 1990 to 40.4 percent in 2000 and 24.5 percent in 2004. As a whole, public opinion, partly reflecting the recent deterioration in the employment situation and security, has been becoming more cautious about acceptance of foreign workers and tougher on the illegal employment of foreign nationals.
(7) Industries with Foreign Workers Since fiscal 1993, under a scheme called “Reports on the Employment of Foreign Nationals” laid down by the Ministry of Health, Labour and Welfare, business establishments have been asked to submit such reports annually. The scheme asks all establishments with 50 or more employees and certain establishments with 49 or less employees (selected in accordance with regional circumstances and administrative necessity) to make their reports to public employment security offices. In 2004, 312,402 foreign workers were in work at 24,678 business establishments. Of these, workers under direct employment contracts totaled 179,966 in 22,127 establishments, while those under indirect employment contracts totaled 132,436 in 5,135 establishments. The number of foreign workers per establishment is larger for establishments using direct employment than for those using indirect employment – 8.1 and 25.8, respectively. The majority, 57.4 percent, of foreign nationals working under direct employment contracts work in the manufacturing sector, followed by the services (10.3 percent), education and learning assistance services (9.3 percent), food and drink establishments and accommodation services (7.1 percent), the wholesale and retail industry (7.0 percent). Compared to the results of a survey in 1994, the proportion in the manufacturing sector (63.7 percent) fell, while that of wholesale and retail shops and food and drink establishments increased (8.2 percent). By region of origin, those from East Asia accounted for 38.4 percent, those from Latin America for 35.8 percent, and those from South-East Asia for 13.2 percent, people from these three regions accounting for a vast
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Figure 1. Proportion of Foreign Workers, by Industry (Direct employment)
Construction Finance, insurance Information and 1.1% communication 1.1% 2.0% Others Transport 1.8% 2.6% Wholesale, retail 7.0% Food and drink, and accommodation Foreign workers in Manufacturing direct employment 57.5% 7.1% 179,966 persons Education, learning assistance 9.4%
Services 10.3%
majority. In fiscal 2004, the proportion of those from East Asia exceeded that from Latin America for the first time since fiscal 1993, when the survey commenced. While a majority of Latin American workers, 51.8 percent, work in the manufacturing sector, a relatively large proportion of those in food and drink establishments and accommodation services;
Table 2. Number of Foreign Workers, by Region of Origin and by Industry (Units: Person, Ratio) Food and drink, Education and Wholesale and and learning Total Manufacturing Services retail Accommodation assistance Persons Persons Ratio Persons Ratio Persons Ratio Persons Ratio Persons Ratio Total 179,966 103,234 100.0% 18,567 100.0% 12,723 100.0% 16,794 100.0% 12,592 100.0% East Asia 69,078 31,642 30.7% 6,738 36.3% 10,239 80.5% 5,093 30.3% 8,391 66.6% Southeast Asia 23,770 14,878 14.4% 2,643 14.2% 1,402 11.0% 621 3.7% 1,862 14.8% Others in Asia 4,023 1,374 1.3% 498 2.7% 516 4.1% 523 3.1% 385 3.1% North America 8,588 493 0.5% 978 5.3% 64 0.5% 5,190 30.9% 559 4.4% Latin America 64,405 53,496 51.8% 6,701 36.1% 273 2.1% 235 1.4% 598 4.7% Of them, Japanese 57,301 48,316 <90.3%> 5,852 <87.3%> 186 <68.1%> 55 <23.4%> 444 <74.2%> origin Europe 6,785 825 0.8% 683 3.7% 170 1.3% 3,443 20.5% 568 4.5% Others 3,317 526 0.5% 326 1.8% 59 0.5% 1,689 10.1% 229 1.8% Note: Percentages in parentheses are the proportion of persons of Japanese descent to those from Latin America Source: the Ministry of Health, Labour and Welfare
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Current Issues Concerning Foreign Workers in Japan wholesale and retail; and the service industry is relatively high among workers from East Asia. On the other hand, 60.4 percent of foreigners from North America work in the education and learning assistance services.
(8) Illegal Foreign Residents The number of illegal foreign residents totaled 219,418 (in a Ministry of Justice estimate, as of January, 2004) most of who seem to be in work illegally. The figure dropped from the peak recorded on May 1, 1993 (298,646) by 79,228 (- 26.5 percent), and has continued on a downward trend. By gender, male foreigners illegally staying in Japan numbered 113,066 (51.5 percent) and females 106,352 (48.5 percent), the former marginally outnumbering the latter by 6,714. While the number of male foreigners illegally staying in Japan fell by 2,048 (- 1.8 percent) compared to the figure marked in the previous survey, the number of female illegal foreign residents increased by 914 (0.9 percent) over the same period. By nationality, the number of persons from South Korea is the highest, 46,425, accounting for 21.2 percent of all foreigners illegally residing in Japan. This is followed by people from China, the Philippines, Thailand and Malaysia. Compared to the situation as of January 1, 2003, the number of those from China and the Philippines increased, while the number of those from the rest fell. In 2004, 34,000 illegal foreign residents were deported from Japan. Of these, China, South Korea, the Philippines and other Asian countries accounted for the largest proportion. The majority of males were found to work as factory or construction workers, and the majority of females as hostesses in the entertainment businesses. In terms of working period, foreign residents illegally working for “over 3 years” accounted for about half (47.8 percent); of these those working for “over five years” accounted for 30.6 percent. This proves that foreign residents illegally working in Japan tend to stay longer, and even settle down in Japan, a tendency particularly conspicuous among males. In December 2003, the government, as a step to deal with the recent deterioration in public security, launched an “action plan” for realization of a society tough towards crime, aiming at halving the number of crimes
15
within five years.
Figure 2. Trend in No. of Illegal Foreign Residents, by Nationality (country of origin)
(persons) 298,646 300,000
250,000 232,121 220,552
200,000 ROK 49,874
Philippines 30,100 150,000
106,497 China 29,676 Malaysia
15,693 100,000 Thailand China Peru (Taiwan)
Indonesia
50,000 Myanmar Sri Lanka Others
0 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
Source: Immigration Bureau, Ministry of Justice
4. Measures for Foreign Workers (1) Employment Policies The current measures for the employment of foreigners undertaken by the Ministry of Health, Labour and Welfare are classifiable into four aspects: (1) understanding the employment situation of foreign workers; (2) appropriate responses to foreign residents looking for jobs; (3) educating employers on such matters and giving them assistance in employment management, etc.; and (4) encouragement of appropriate employment, etc.
16
Current Issues Concerning Foreign Workers in Japan
Schema of Employment Measures (for foreign workers) 1) Understanding of employment situation of foreign workers * Reports on Employment of Foreign Nationals (A system whereby business establishments are asked to submit such reports annually) 2) Appropriate responses to foreign residents looking for jobs * “Service Desks for Employment of Foreign Nationals” (stationed in 74 Public Employment Security office), providing counseling service concerning job searching and job introduction: Interpreters are available. * “Service Center for Employment of Foreign Nationals” (in Tokyo and Osaka), providing placement service foreign nationals who are college students, or have special skills and knowledge, etc., with counseling / job introduction services, and job information * “Service Center for Employment of People of Japanese Descent” (in Tokyo and Nagoya), providing people of Japanese descent with job counseling / introduction, and labor counseling services * “Employment and Livelihood Counseling Center for People of Japanese Descent” (Tochigi, Gunma, Chiba, Shizuoka and Osaka prefectures), providing people of Japanese descent with job counseling, job introduction and labor counseling services (centers are stationed within employment security offices) * Japan-Brazil Employment Service Center (in Sao Paolo, Brazil), offering job information and counseling service to people of Japanese descent wishing to work in Japan * Encouragement of finding employment via employment guidance addressed to young people of Japanese descent neither in school nor in work 3) Educating Employers and giving them assistance in employment management, etc. * Guidance to employers for the improvement of employment management 1) Disseminating “Guidelines Concerning Employment and Labor Conditions of Foreign Workers” 2) Giving collective guidance and information through seminars on employment management of foreign nationals 3) Providing counseling and guidance by advisors of employment
17
management of foreign nationals in accordance with situation of individual business establishments * “Employment of Foreigners Month” (June every year) 4) Encouragement of appropriate employment, etc. * Encouragement of programs to establish routes for appropraite employment, whereby PR activities are conducted, to prevent illegal employment, concerning the policy of the Japanese government concerning the acceptance of foreign nationals by holding seminars in countries from which a large number of people come to Japan to engage in jobs illegaly. * Effective measures for illegal employment: cooperation with the related administrative organizations via a conference for illegal employment of foreign nationals, etc.
(1) Understanding of the employment situation affecting foreign workers is carried out through the above-mentioned Reports on Employment of Foreign Nationals submitted by the firms concerned. (2) In order to improve handling of foreign job seekers, service desks with interpreters have been set up at 74 public employment security offices in 30 prefectures where there are many foreign residents. (3) Concerning the education of business establishments in such questions and promotion of better assistance to employment management, etc., seminars are organized in connection with the “Employment of Foreigners Month” - June every year – and guidance is provided for companies by experts in the employment of foreign nationals. (4) Where the promotion of appropriate employment is concerned, liaison conferences are held with related ministries and agencies, and seminars are held in countries from which many foreign workers have come to Japan.
(2) Issues Related to Social Security Where social security is concerned, international opinion favors its availability to any person regardless of nationality. Hence, in principle, foreign nationals residing in Japan are obliged to be covered by the relevant health insurance and the Employees’ Pension Plan, if they are employed workers, and the National Health Insurance and National Pension Plan, if
18
Current Issues Concerning Foreign Workers in Japan they are self-employed; in either case, they will be able to receive pension payments so long as they are qualified. Since the pension scheme involves payments of disability and survivor pensions, it is said to be inappropriate to exclude foreign nationals staying in Japan for a short period from application of the pension schemes. On the other hand, foreigners who have been insured for six months or longer will be paid a lump-sum withdrawal refund when they return to their own countries. The lump-sum withdrawal refund is set at half the amount of pension premiums paid, but is limited to half the amount paid over a maximum of three years due to the special nature of the refund. At the same time, so-called “Social Security Agreements” have been concluded with various countries: Germany, the U.K., the U.S.A., R.O.K., France, and Belgium. These bilateral agreements are aimed at preventing the “double-payment” problem – that is, a situation where foreign workers are obliged to pay pension premiums both in Japan and their own countries – and linking the pension schemes of the two countries so that insured persons are given proper eligibility for pension payments by incorporating the period when the persons in question are insured in the other country into the period of payments for the insurance scheme in their own country. As for the medical insurance system, it is considered unnecessary to set up a special system designed for foreign nationals, while efforts are required to promote participation in the existing system.
(3) Education Foreign residents are not obliged to receive the compulsory education set in Japan. However, children from abroad are accepted, if so wished, at various levels of public compulsory schools. In this regard, care is taken to see that foreign children wishing to be schooled do not miss the opportunity by distributing notices from the relevant municipal education commission to their parents or guardians, and by treating foreign children who have entered public primary or junior high schools in the same way as Japanese pupils and students; that is, they are not charged for tuition and are provide with textbooks free of charge.
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5. Debates Concerning Foreign Workers in Japan
Issues related to foreign workers have been subject to discussion at various places and in various organizations. This section will introduce some of the major debates.
(1) Council of Cities with Many Non-Japanese Residents The inflow of persons of Japanese descent into Japan started to increase in 1990, and the number of those who have acquired permanent resident status has substantially increased in recent years. But at the same time, various problems have arisen concerning education and other issues in cities in which foreign nationals of Japanese origin concentrate. To deal with these problems, 13 towns and cities with many such persons hold meetings of a “Council for Cities of Non-Japanese Residents” in order to compile suggestions. In its 2001 Hamamatsu Declaration and Proposals, the council made suggestions in various spheres as follows: Education: the upgrading of teaching of Japanese language and other subjects at public primary and junior-high schools; and the provision of assistance to ensure that non-Japanese children receive proper education; Social Security: revision of the medical insurance system; (conclusion of a social security agreement with foreign countries concerning the counting of the period of pension premium payments, and the establishment of a medical insurance system for non-Japanese); the improvement of labor conditions for foreign nationals (encouraging business establishments to participate in the social insurance scheme; the clarification of corporate accountability; the introduction, as a possibility in the future, of a permit system for contract agencies); others (improvement of services related to medical interpreters, and provision of medical and pharmaceutical information); and procedure for alien registration, etc.: the revision of the registration system itself.
In 2004, the Council adopted the “Toyota Declaration,” and submitted it to the relevant ministries and agencies. The declaration included various
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Current Issues Concerning Foreign Workers in Japan suggestions, such as the establishment of education and working environments on the premise that foreign nationals would settle in Japan for a long term; assistance for foreign nationals in forming their own self-reliance organizations; the encouragement of the development of young people from abroad; and so on.
(2) Nippon Keidanren: Recommendations Concerning Acceptance of Foreign Workers (April 2004) Nippon Keidanren (Japan Business Federation), the leading Japanese organization of employers, has proposed a comprehensive policy, with emphasis less on making up for the reduced total population of the Japanese, than on taking full advantage of the potentials of foreign nationals by improving each person’s “value-added creative power.” More specifically, the recommendations emphasized: “smooth acceptance of non-Japanese workers in professional or technological fields,” “improvement in quality of students from abroad and their employment in Japan,” “acceptance of non-Japanese workers in sectors that were expected to face labor shortages in the future,” and so on. Nippon Keidanren also suggested the setting-up of the post of “specially appointed minister in charge of non-Japanese workers,” a “basic law concerning acceptance of non-Japanese,” an “agency for non-Japanese residents,” a “law concerning employment of non-Japanese,” and so on.
(3) Rengo: Rengo’s Views on Non-Japanese Workers (September 2004) In September 2004, Rengo (Japanese Trade Union Confederation), the leading Japanese organization of labor unions, published its “Views on Non-Japanese Workers.” In this, Rengo made suggestions concerning the immigration control scheme, the technical internship program, restrictions on foreign nationals illegally in work, and so on, stating as its basic stances: that “foreign workers with professional skills and knowledge should be positively accepted for the sake of encouraging legitimate employment, and a new residential status should be created on the assumption that an employment situation, whereby Japanese workers are able to get a job regardless of their age or gender, has been firmly established,” and that “workers from abroad should be paid at least as much as the Japanese
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engaging in the same job – in other words, that the principle of equal pay for equal work should be applied to everyone, regardless of his or her nationality or qualifications. At the same time, no discrimination whatsoever is acceptable from the viewpoint of observation of human rights,” but “unskilled workers should not be accepted indiscriminately, in that their acceptance may well have a negative impact on the employment situation, labor conditions and so on in the Japanese labor market. Such workers should be accepted only to the extent that the statuses of residence under the current immigration control system are observed.”
(4) Basic Plan for Immigration Control (Third Edition) (March 2005) Every five years, the Minister of Justice lays down an immigration control policy. The latest plan states that, with the working-age population substantially decreasing, it is vital to actively encourage the acceptance of foreign workers in professional or technological fields; and their residence statuses and criteria for the issuance of entry permission related to work skills seen as professional or technological will be revised in response to changes in economic and social circumstances. The plan also says that, with such a reduction in working-age population, the acceptance of foreign workers in fields which are currently considered to be neither professional nor technological will be realistically reconsidered, taking into account the necessity of maintaining the vitality of the Japanese economy and living standards, public’s views on foreign workers, and the economic and social climates in Japan. The plan emphasizes, in this regard, the necessity of considering not only which industrial sectors should be newly opened to foreign workers and requirements for acceptance such as Japanese language proficiency, but also the positive and negative impacts of acceptance on the domestic industry and the lives of Japanese citizens. Such underlying potential impacts have a bearing on, for example, public security, the domestic labor market, industrial development and structural changes in industry, social costs, and various other aspects.
22
Current Issues Concerning Foreign Workers in Japan
(5) 2005 “Honebuto” Policy (Basic Policies for Economic and Fiscal Management and Structural Reform) “Honebuto” policy (Basic Policies for Economic and Fiscal Management and Structural Reform) argues the importance of structural reform and possible courses which Japan should take in the future in the fields of economy, finance, administration, society, and others. The Prime Minister initially consults a committee whose answers are submitted to the Cabinet for approval. The latest policy approved in June 2005 by the Cabinet says: “the acceptance of qualified human resources needs to be made full use of, and should be encouraged. The possibility of accepting foreign workers falling into fields which are not currently considered to be professional or technological will be considered from a comprehensive viewpoint, taking into account its impact on the lives of Japanese citizens. At the same time, in order for foreign nationals working in Japan to demonstrate their full ability, opportunities for learning the Japanese language and encouraging personnel in their places of origin and developing appropriate living and working environments will be promoted.”
6. Economic Partnership Agreement
Currently, Japan is negotiating Economic Partnership Agreements with the Philippines, Malaysia, Thailand and other countries in Asia, some of which show interest in sending their labor to Japan, an issue which is under negotiation. Among these negotiations on economic partnership, the Japanese government in November 2004 basically agreed with the Philippines. The agreement indicated the intention of the Japanese government to accept nurses and care workers; this acceptance, as shown in the attached sheet, will require, among other things, that those who wish to come and work in Japan should obtain proper qualifications, and avoid having a negative impact on the Japanese labor market. A basic agreement on economic partnership was to be made in September 2005 with Thailand; where the acceptance of labor is concerned, the Japanese government has offered a policy of accepting workers from Thailand who are eligible under the existing system, but has shown no intention to extend the scope of
23
acceptance. A negotiation with Indonesia will be held in the future.
7. Future Prospects
A long-term projection carried out in 2002 estimates that the Japanese population, after reaching a peak in 2006, will subsequently shrink to about 100 million in 2050. The question is, with the population continuing to fall in future, how to approach the question of foreign workers in the mid- and long-term. Were the reduction in population to be made up for by foreign nationals, it would be necessary to accept workers in their millions each year, which would have undoubtedly a considerable impact on situations in Japan. Hence, the question needs a public consensus; but so far as the results of recent public opinion polls show, a significant proportion of the people seem to have a negative attitude towards the acceptance of foreign workers. It is true that the domestic labor force is expected to shrink if the policy makers fail to make efforts, but the labor force will not diminish drastically in the coming 10 years or so provided steps are taken to enable young people, the elderly, and women to participate in labor markets more easily. With this in mind, it seems unlikely that unskilled labor from abroad will be accepted on a large scale for the time being. Either way, the question of the acceptance of foreign labor is a crucial issue in national politics, so that it is necessary to discuss and examine the issue in a comprehensive, prudent manner in connection with social security, education, public safety, industrial competitiveness, regional policies, and so on. At the same time, since issues like the acceptance of foreign labor require a public consensus, any decision should not be made hastily; careful, consistent examinations will be needed in the future, too.
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Migrant Workers in the Post-War History of Japan Yasuo Kuwahara Professor Emeritus, Dokkyo University
1. Introduction
Foreign Workers No Longer Uncommon Foreign (immigrant) workers are a part of everyday life in present-day Japan. While issues involving foreign workers are, of course, often mentioned still in newspapers and TV programs, the heightened attention or excitement once seen in the 1980s is no longer to be seen among the Japanese people. On the contrary, players from abroad give outstanding performances in the professional baseball leagues, soccer J-league, and even the Japanese national sport, Sumo. There is no uncomfortable feeling between those foreign players and spectators in Japan. In fact, seeing soccer players who were once foreigners but are now naturalized earnestly singing “Kimigayo” (the national anthem) with a hand over their heart, I have somewhat mixed feelings, forgetting about the dispute over the national anthem in Japan(1). I wonder what kind of country Japan looks like to them. What does, on the one hand, even the heightened, excessive interest in foreign workers observable between the late 1980s and the early 1990s, when the bubble boom collapsed, and, on the other, the suddenly receding interest in them afterwards imply? If the ebbing interest indicates that Japan’s globalization has reached the stage where the Japanese accept people from abroad without any discomfort, it is not particularly difficult to understand such changes of view. Indeed, the number of non-Japanese entering the country, a mere 18,000 or so in 1950, totaled about 6.76 million in 2004, and is expected to maintain its upward trend. The number of registered foreign residents at the end of 2003 totaled a record high of 1.92 million, accounting also for a record high of 1.5 percent of Japan’s total population (Immigration Bureau, the Ministry of Justice, 2005). The estimated number of foreign residents working in Japan (apart from permanent residents) is 800,000, a full 1.3 percent (discounting those
(1) Since “Kimigayo” suggests the maintenance of the imperial system, quite a few people make an objection to regarding it as Japan’s national anthem.
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entitled to reside in Japan permanently) of the labor force. All these figures undoubtedly show that foreigners are being integrated into everyday life in Japan.
Rekindled Interest in Foreign Workers But the reality perhaps is not so simple as it looks. Since the turn of the century, the interest in foreign workers has begun, if not so strongly as before, to grow again. What lies behind the rekindled interest in such workers? What is the current situation concerning the acceptance of foreign workers and their families? And how will the nature of the acceptance change in the foreseeable future? Since western countries have a long history of immigration and emigration, a large number of studies have been made on them and thus can suggest future prospects. In Japan’s case, the history of such movement where Japanese emigration is concerned can be traced back to before World War II. However, this historical experience has faded away considerably by now. In order to discuss the interrelationship between Japan and foreign workers in the future it seems essential to clarify and examine its nature at least within the framework of the 60 years of the post-war history. (Here, migrants, migratory workers, foreign workers and various other terms are used interchangeably. However, this article does not differentiate these terms from one another unless otherwise specified, and follows the definition laid down by ILO (ILO, World Labor Report, p.99, 1984) that “persons, apart from refugees, travelers, pilgrims, and nomads, who have moved to countries of nationalities other than their own for the purpose in a broad sense of employment.”
2. From a country of emigration to a country of immigration
The Period of Emigration to Other Countries Japan’s involvement with migration has been fairly complicated, even in the period after the war. In present-day Japan, a large number of foreigners classifiable as “foreign workers of Japanese descent” are in work. Their roots date back as far as the time before World War II. Japan has had a long history of sending people out abroad.
26
Migrant Workers in the Post-War History of Japan
Looking at Brazil to which a large number of Japanese people emigrated, it was in 1908 that a first group of 781 people – 158 families and 10 individual emigrants – set off on the ship, “Kasato Maru,” from the port of Kobe, and arrived in the port of Santos in Brazil(2). With the Japanese economy in a severe recession at the time, they saw no prospect of making a living at home, and decided to seek their future in the new world of Latin America. In 1938, a Japanese novelist, Tatsuzo Ishikawa gave a vivid description of how the Japanese emigrants made up their mind to migrate to South America, how they lived in the hold of the ship for 50-odd days after the ship has departed Japan, and various other scenes, in a novel which won the first “Akutagawa Prize,” Japan’s most prestigious literary award. Determined never set foot on their native soil again, they exchange farewell cups of water with their families and relatives and leave the country. This emigration continued after World War II. It was in 1973 that the last emigration vessel, “Nippon Maru” with 285 Japanese on board headed for Brazil, arriving in the port of Santos in March. This means that Japanese people continued to leave their own country to live in other countries until just before the first oil crisis. The countries which those Japanese left for in the pre- and post-war periods include Canada, the United States (including Hawaii), Mexico, Colombia, Peru, Bolivia, Brazil, and Argentina. From the latter half of the 1980s, there was a sudden increase in the number of foreigners of Japanese descent coming from Brazil, Peru and other countries to Japan to earn a living. This so-called “U-turn” phenomenon, with Japan’s record as an emigrant nation, forms an essential part of the question of foreign workers in Japan(3). This unpredicted phenomenon happened as a result of coincidence of the dramatic development of the post-war Japanese economy and the sluggish and highly inflated economy in Latin American countries. Let us now have a brief look at these
(2) See “Chronology of Migration to and from Brazil” http://www.lib.city.wakayama.wakayama.jp/wkclib_doc/sub19.htm (3) A recent TV drama that described the 70 years of Japanese immigrants to Brazil (Haru o Natsu), Produced by NHK enterprise (scenario made by S. Hashida) has been accepted with great sympathy both in Japan Brazil. http://www.nhk.or.jp/drama/harutonstsu/
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backgrounds in the following section.
Outbreak of the Oil Crisis In autumn 1973, the first oil crisis broke out and took a heavy toll on the world economy. Lacking crude oil and other natural resources, Japan was universally seen as the developed nation with the weakest economic foundation. Despite this, Japan sturdily weathered the crisis, thus beginning to draw attention from the world. Yet although the Japanese economy in 1970 enjoyed a high economic growth and full employment, envied all over the world – a year-on-year increase of 10.3 percent in (real) GDP and a mere 1.1 percent unemployment rate over 1969 – the oil shock drove down its GDP growth rate in 1974 to -1.4 percent over the previous year. At the same time, the unemployment rate crept up to the two-percent mark in 1976 and stayed at that level during the 1980s. Even so, Japan swiftly got through the crisis by energy conservation and rationalization, demonstrating an extremely sound economic performance compared to other developed nations. In order to discover the secret of this success, general attention was paid to the Japanese economy, its management, industrial relations and so on. Generally speaking, the 1980s seems to have been a good time for Japan, though the economy slowed down substantially compared to the high economic growth era. The labor market in Japan registered almost full employment in the first half of the 1970s, with the unemployment rate around the one percent mark. The rate climbed to the two percent mark as the economy continued to stagnate for a while after the oil crisis. In the 1980s, labor supply and demand tightened, and in the latter half of the 1980s, the labor supply had a shortage unprecedented since the war, behind which doubtless lies the fact that the economy took on the aspect of a “bubble” due to inflated asset prices among other things. The Plaza Accord in 1985 accelerated appreciation of the yen further.
3. Foreign Workers Called “Newcomers”
Modern Version of the “Zipangu Myth” In such economic circumstances, workers from countries in Southeast
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Migrant Workers in the Post-War History of Japan
Asia and Latin America came to converge on Japan. They were quite new for Japan, except for Korean and Chinese residents in Japan who came to and settled in the country due to compulsory recruitment or other reasons before and during the war (they are sometimes called “old comers” in contrast to “new comers,” foreign workers seen after the 1980s). Behind this lies the fact that, as direct trade investment and other economic activities by Japan expanded, the presence of Japan began to make itself felt not only in the developed countries but also in the developing ones. Until then, Japan had been physically and psychologically remote for people in developing countries in Asia and other parts of the world. But the development of transportation and communications brought them opportunities to familiarize themselves with Japanese products and local companies affiliated to Japanese firms, narrowing the distance and rapidly making Japan familiar. In the first half of the 1980s, social attention was attracted to what was called “Japayuki san,” a term describing young foreign women from the Philippines, Thailand and other countries in Southeast Asia working predominantly as entertainers in the “adult-entertainment” industry. Apart from this, word got about in some countries in East Asia that working in Japan for short periods would raise money sufficient to live off; the term “modern zipangu,” after Marco Pole, came on the scene. Looking back on things now, this all happened at the very early stage of the bubble economy in Japan.
The Bubble Economy and the Labor Shortage In the mid-1980s, the labor shortage fast became a serious problem in the manufacturing and construction industries. Despite a daily wage which appeared to be extraordinarily high by the standards of the day, some kinds of jobs were no longer receiving attention from Japanese workers, in particular young workers. The mass media labeled a bunch of such jobs the “3k” jobs – kitsui (demanding), kitanai (dirty) and kiken (dangerous). The same social climate also encouraged young persons to shun the manufacturing industry. Cold-shouldered jobs, in many cases, were low-paid and unpopular with poor labor conditions. Some jobs were shunned,
29
despite surprisingly generous wages, simply because they did not look as “smart” as white-collar office work in, for example, the service sector. The author remembers how, when he visited Shizuoka city for a survey, an employer in the construction business told him that his company did not have a sufficient workforce for a public undertaking it was engaged in and had accepted a construction worker commuting from Tokyo in order to meet the deadline. Surprisingly, the worker commuted everyday from Tokyo to Shizuoka, 200km away, by the bullet train. At the height of the bubble boom around 1990, university graduates were in high demand everywhere. In April when students had just moved up to the fourth, final year, they were promised jobs after graduation by a number of firms. There were some episodes where students were given an opportunity of a trip to Hawaii because they had promised to join the companies.
Increasing Dependence on Foreign Workers Under these circumstances, employers desperate to secure labor began to resort to foreign workers. In particular, workers from Asian countries were flooded into jobs requiring hard manual work which could be handled by low-skilled workers – what is, somewhat oddly named “simple” labor – and were cold-shouldered by Japanese. A majority of them were from countries such as Pakistan, Bangladesh, and Iran which had hitherto been unfamiliar to Japan, although these were theoretically “Asian” countries. Working in foreign countries where both the language and the customs are unfamiliar involves a certain degree of risks, so that at the first stage male workers came in without bringing their family members with them for work. From 1981 on when the economies of the oil-producing countries in the Middle East slowed down due to a drop in the oil price and a subsequent drop in revenues, workers there from Southeast Asian countries were dismissed and obliged to return home. The labor flow from Southeast Asia to the Middle East was disrupted, whereas Japan, South Korea, Taiwan and other countries and regions in East Asia were conveniently situated to absorb the surplus labor. The large number of – then unfamiliar non-Japanese – people from Pakistan, Iran and various other countries who gathered in public parks at weekends in
30
Migrant Workers in the Post-War History of Japan
Ueno, Shinjuku and other major districts in Tokyo grew increased attention from the Japanese media and public. It was believed that public parks were essential venues for them to exchange information concerning life and work in Japan – mobile telephones were not so common then as nowadays – and to make them feel relaxed for a while in a foreign country where they were unable to communicate with the people. It was also common to see foreign workers queuing in front of pay phones to make international calls to their families far away. As the economic bubble intensified, the labor market tightened further, accelerating the flow of workers coming to Japan from these countries. They were the first body of illegal foreign residents who entered Japan mostly as tourists and stayed after the maximum permitted three months. Faced with the problem of foreign workers who opted for illegal stay and illegal employment, the Japanese government by spring 1992 suspended its visa exemption agreements with Pakistan, Bangladesh, and Iran. While the Japanese government officially took the stance of avoiding acceptance of unskilled workers from abroad, always saying that “it would consider the matter carefully,” firms and industries which would not be able to survive without them obviously wanted foreign workers. (The government traditionally interprets “unskilled workers” as workers whose participation in the Japanese economy may have a negative impact on the economy and society.) As the types of occupations which Japanese workers were unwilling to take on were beginning to become clear, and such preferences had become institutionalized, as it were, there was no sign of a significant decrease in the number of illegal overstays and illegal employment even in the 1990s when the economy became sluggish.
4. Emergence of “Foreign Worker” Problems Behind such a situation, an increase in the number of foreign residents working in Japan accompanied diversification of the problems involved: various such problems had arisen which were peculiar to the presence of foreign workers and unfamiliar to Japan. In the latter half of the 1980s, news media stirred up the public opinion by using antiquated headlines such as “arrival of the second black ships”
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and “opening-up or closing?”. It was the first time that the presence of foreign workers was regarded as a “problem,” something controversial. As the situation evolved, the nature of the “problems” also changed, but basically the focal point of the debates deployed in the latter half of the 1980s remains unchanged until recently. Initially in the 1980s, foreign workers were seen as someone rare and temporary: people believed that they would return to their home countries if the economic cycle of Japan entered a downward trend. In other words, they were after all regarded as workers who would not settle in Japanese society, so little attention was paid to how the situation would change in the future. Despite this general view of foreign workers, the author (Kuwahara, 1989) raised an alert concerning this view, suggesting the necessity for long-term, comprehensive measures to deal with foreign workers on the grounds that they would be good companions in future – which, after twenty-odd years, has turned out to be a reality. Eventually, many of them have settled in Japan and become, literally, good companions. Nevertheless, the question of how deep this companionship with foreign workers and their families runs remains uncertain, together with many other questions. Let us outline the main features of these questions. Before taking a closer look at individual questions, let us examine the legal framework concerning the eligibility of foreign residents for employment. Non-Japanese residents are entitled to engage in working activities within the scope of residential statuses stipulated by the Immigration Control and Refugee Recognition Act, alias the Immigration Control Act. The residential statuses currently available include professor, artist, religious activities, journalist, investor/business manager, legal / accounting services, medical services, researchers, instructor, engineer, specialist in humanities / international services, intra-company transferee, entertainer, skilled labor, and specified activities (working holiday, technical internship). Foreigners of six statuses – cultural activities, temporary visitor, college student, pre-college student, trainee, and dependent – are not in principle authorized to engage in work. However, college and pre-college students from abroad are allowed to work, as “activities outside the scope permitted,” for a maximum of 28 hours per week provided they have obtained a permit from the Ministry of Justice. On the other hand, there is no
32
Migrant Workers in the Post-War History of Japan
α + 2003 55,048# 55,048# 98,006 237,808# 237,808# 185,556 185,556 220,552 800,000
α + 2002 46,455 83,340 tice. 168,783 168,783 233,897 224,047 760,000 tionals” or “long-term
α + 2001 37,831 65,535 179,639 179,639 239,744 220,552 740,000 d” issued by local immigration
α + 2000 29,749 39,435 168,783 168,783 233,187 224,047 710,000
α + 1999 19,634 38,003 154,748 154,748 220,844 232,121 670,000
α 6,558 + 1995 32,366 125,726 125,726 193,748 251,697 600,000 activities outside the scope permitte “
α 3,260 + n, and seem to be in work.n,and seem to be in have the residential statuses of “spouses, etc. of Japanese na 1990 67,983 10,935 71,803 sed on sources of the Immigration Bureau, the Ministry of Jus the Immigration Bureau, of the sources sed on 106,497 106,497 260,000
ving the residential status of “permanent residents.” residential status of “permanent ving the gaged in work outside their officially permitted fields.
o work with a permit to engage in with a permit o work to engage in activities in Japa
Illegal residents outside work in Workers engaged officially permitted fields (note 4)
bureaus. residents,” are freely organized (3) Foreign workers of Japanese descent are defined as those who (1) on. and so of diplomats holidays”, housemaids on “working include foreigners Technical interns, etc.” (2) pre-college students wh College or (4) It is difficult to estimate the number of foreigners en (5) ha of foreigners number include the not do The figures Table. Changes in Number of Foreign Workers in Japan (Estimated) Source: Estimated by the Ministry of Health, Labour and Welfare ba Welfare and Labour Ministry of Health, Estimated by the Source: Notes: Notes: Total (note 5) Total (note Technical interns, etc. 1) (note “Activities outside the scope permitted” by college and 2) (note students pre-college Illegal Foreign Workers issued purposes for employment statuses Persons of residential descent of Japanese workers Foreign (note 3)
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restriction concerning the activities in Japan of spouses of Japanese nationals and permanent residents, and of “foreigners accorded residential statuses in accordance with their position or ranks” such as the second and third generations of foreigners of Japanese descent, who are thus officially allowed to work as they wish (Ministry of Justice, 2004).
Increased Number of Illegally Overstaying Foreigners Problems stemming from the presence of illegally overstaying foreigners and illegal foreign workers in qualifications are not necessarily unique to Japan, being shared by almost all countries which accept such foreigners. A dark shadow was also cast on problems of immigrant workers – predominantly illegal ones – by the referendums rejecting the EU Constitution in France and the Netherlands in summer 2005. Since Japan, like the U.K., Australia, New Zealand and Taiwan, is not physically adjacent to the countries of its immigrant workers, some say that it is relatively easier to control immigration than in, say, the U.S.A. or EU countries. This is true in part, but the presence of a number of neighboring countries in Asia such as China, where there is an excess labor force, generates a considerably strong potential pressure on labor supply in Japan. In the case of Japan, the problem lies in the fact that a large number of foreigners engage in activities (employment) different from those authorized under the residential statuses accorded them when they entered the country; where they overstay illegally, and become illegal workers. As of January 1, 2005, the estimated number of foreigners residing in Japan illegally was approximately 210,000. In addition, the number of foreigners who have illegally landed or sneaked in and reside in Japan is estimated at some 30,000, making the total number of illegal foreign residents nearly 240,000. Of these, the number of illegally overstaying foreigners decreased by 12,119 compared with the figure for January 1, 2004, or by 91,347 compared with 1993, when the number hit a record high of 298,646. The fall in the number implies that reinforced activities to detect illegal residents, together with various other comprehensive measures to deal with overstaying foreigners in pursuit of the governmental aim “to halve the number of illegally overstaying foreigners in five years starting in 2004 for the
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Migrant Workers in the Post-War History of Japan purpose of restoring a safe, secure society,” have borne fruit to some extent. Nevertheless, there is a view that all this official effort is not sufficient to check illegal employment, because of the presence of brokers for illegal foreign workers and the spread of overstaying foreigners to rural areas. This, together with an increase in the number of crimes allegedly committed by foreigners, has been recently fueling the sense of insecurity and anxiety among the Japanese people over foreigners illegally residing in the country.
Foreign Workers of Japanese Descent More Numerous than Expected Since around the end of the 1980s, various types of foreign workers have come to be seen in Japan. One of their outstanding features is an increase in the number of foreign workers of Japanese descent (Nikkeijin) from Brazil, Peru and other countries of Latin America. This unexpected phenomenon emerged due to the combined reasons of an overheated Japanese economy on the one hand, and, on the other, economic recession and soaring inflation in Latin American countries in the 1980s. The phenomenon abruptly intensified in June 1990 when the Immigration Control Act was revised: the revision, aimed at setting up new categories of foreign workers to rectify the existing law to meet the trend to increase globalization, has completely legalized the residence and employment of the second- and third generations of foreigners of Japanese descent and other non-Japanese nationals. The revision has also incorporated punitive clauses applicable to employers involved in illegal employment (with reference to similar regulations enforced in the U.S.A. and other countries, such as a penalty for employers who hire a foreign worker though they are aware of the illegality.) Although the actual effect of the adoption of the punitive clauses has remained unclear, there was a growing trend towards refraining from hiring foreign workers illegally and, instead, relying on persons of Japanese descent on the right side of the law. Since there is no restriction on the economic activities of foreigners of Japanese descent, an increasingly dominant proportion of firms were taking on foreign workers of Japanese descent in the field of “unskilled labor.” Wondering about the possible risks of hiring foreigners illegally residing in Japan to remedy labor shortages, employers of ultra-small, small and medium-sized enterprises and subcontracting firms of large firms
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began to pay attention to persons of Japanese descent who were free from any restriction on employment. People of Japanese origin coming to Japan are, in practice, of the first, second and third generations. Legally, the different generations are treated in different manners: people of the first generation with the Japanese nationality are Japanese nationals, thus are able to freely enter and work in Japan. In fact, the increase in “foreign workers of Japanese descent” at the initial stage represented Japanese people who came back home to work. The second generation people of Japanese descent, on the other hand, rarely have Japanese nationality; they stay in Japan to visit their relatives or reside as spouses of Japanese nationals; and get employed, on these pretexts, for these reasons. And people of the third generation are able to reside and work in Japan by obtaining the residential status of “long-term residents.” Since it is legitimate for employers to take on these workers of Japanese origin, employers worrying about the penalties of illegal hiring, and relatively large-sized business establishments wanting to take on a large number of foreign workers, have increased the number of Japanese- descended workers taken on. However, because their residing and working in Japan are legitimate, their wage levels have become to exceed that of foreign workers overstaying in Japan. Consequently, the labor market of foreign workers has been subdivided into a market for workers of Japanese descent and another one for foreigners illegally overstaying in Japan, who are taken on by ultra-small, small and medium-sized firms which cannot afford the former type of foreign workers. On the other hand, the number of ethnic Japanese living in Latin American countries is estimated at one million and several hundred thousand, which shows how limited is the number of such persons who are able to come to Japan to work. Attempts by persons from Peru and other countries to enter Japan with forged documents purporting Japanese descent have occurred frequently. As a result, in the occupational sphere classified as “unskilled jobs,” foreign workers of Japanese descent and illegal workers make up, in practice, for shortages of Japanese, in particular young-Japanese workers. Hiroshi Okuda, chairman of the Japan Business Federation (Nippon Keidanren), stated (in a symposium held in December 2004 by the
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Migrant Workers in the Post-War History of Japan
Federation) that the governmental policy of “considering carefully the acceptance of unskilled workers” had already become a token acknowledgement far from the reality. Thus the leader of the nation’s employers has himself admitted that the policy of the government has lost touch with reality.
Undetected Arubaito by College and Pre-College Students Working styles among foreign workers in Japan are becoming still further varied. Arubaito (came from Arbeit meaning “work” in German) working among college and pre-college students from abroad is one such style. Needless to say, not all college and pre-college foreign students stay on in Japan as foreign workers after graduation. However, the shortcomings of the educational system in Japan, income differentials between Japan and many other countries in Asia, and the slow reactions of the Japanese government, among other things, have led to an increase in dubious working styles. Here “college students” are definable as foreigners studying mainly at universities or advanced vocational schools, whereas “pre-college students” are mainly those studying at high schools, Japanese language schools, or various other vocational schools. The former are entitled to engage in arubaito work while they are in education for a maximum of 28 hours per week, with no obligation to report to the local authorities. The latter are entitled to engage in arubaito work for a maximum of 20 hours per week but have to report to the local authorities. Thus, in practice, quite a large proportion of these college and pre-college students have arubaito work; it is not unusual for them to work longer hours than permitted, or to fail to report to the authorities. Nevertheless, the Japanese government has neither taken particular action nor shown its positive intentions concerning compliance with the regulations on arubaito work. Rather, it seems, by taking an obscure attitude towards the issue, to give silent consent to the fact that labor shortages for peripheral jobs in the service and other sectors are filled by these overseas students. In fact, some overseas students look no different at all from “foreign workers.” Put differently, in not a few cases one cannot tell which was the primary purpose in coming to Japan – to study or to
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engage in arubaito work. This question, in its relation to the most desirable educational system in Japan, requires proper examination. The numbers of new entries under the residential statuses of “college student” and “pre-college student” have been steadfastly increasing in recent years, though they ended up with the first decline in 2004, while the number of foreign nationals registered under the statuses of “college student” and “pre-college students” marked record highs. In the latter half of the 1980s, a spate of false enrolments of foreigners at Japanese language schools was found. The incidents highlighted the fact that some foreigners, nominally enrolled at Japanese language schools, engaged in work to raise money for tuition and living expenses. The entry of a large number of college students into Japan on the pretext of studying Japanese at schools, and the resulting confusion, led to various incidents in Japan, Shanghai and other places, which developed into diplomatic problems. The Japanese government took unexpected, severe action concerning the issuance of student visas, which superficially brought the issue under control. But later in the 1990s, in another development some Japanese language schools ended up in financial straits.
Industrial Training Program and Its Abuse Another factor which has made the issue of foreign workers more complicated is the industrial training program. Some firms and industries have accepted foreign workers from countries in Asia under the name of “trainees” and made use of them as de-facto workers. The original purpose of the training program is to have them acquire skills and technology, and despite the similar nature of trainees’ activities to that of work, firms accepting trainees are not allowed under the system to pay any wage or other remuneration to trainees. Hence, trainees are paid allowances which are considerably lower than the wage level which should have been paid if they were actual workers. The number of new entries and foreign nationals registered under the residential status “trainee” has been increasing consistently in recent years. In the meantime, the number of foreigners overstaying illegally who were once “trainees” – the number who have not returned to their countries after completion of the training program – has also been increasing.
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Migrant Workers in the Post-War History of Japan
Despite various criticisms, the number of firms which could not manage their businesses satisfactorily without foreign workers increased, too. A revision was made to the industrial training program so as to reflect the wishes of such firms; those accepting trainees were now required to spend more than one third of the time on “lectures” and to pay remuneration for “labor” during the time spent on “work” in the program. In 1991, to assist private firms to provide training programs for foreigners, a third sector organization was established under the joint control of the former Ministry of Labour (currently, the Ministry of Health, Labour and Welfare) and four other ministries. In April 1993, this organization, the Japan International Training Cooperation Organization (JITCO), took the lead in launching a technical internship program designed to deflect the criticism that the controversial training program had been used to allow firms to use trainees as low-paid workers. Under the newly established internship program, foreigners are allowed to work (including work as, in practice, “unskilled labor”) for a maximum of three years under the residential status of “special activities,” if their skill levels have achieved a certain standard for a certain period after completion of the internship program. The internship program thus is a device to maintain the official policy of not accepting unskilled labor from abroad, while letting foreigners, in practice, work as such. Once the internship program came into force, it immediately exposed its defects, though these had already been anticipated at the time when adoption of the program was considered. Some employers began to use trainees at factories and other production sites simply by paying “training allowances.” Trainees on their side cannot make their wishes clear to their employers, fearing the effect on their treatment in future. Foreigners who have come to Japan to participate in the training and internship programs, and their countries as a whole, see them as a route to employment in Japan. This is proved by surveys carried out abroad which suggest that the programs are considered to be a mere excuse for Japan to accept unskilled labor. As a result, the programs, opening up a loophole for unskilled labor from abroad, are liable to abuse. The Japanese government attempts to check such abuse within the operational framework of the programs, but this seems to be impossible. The Japan Business Federation and other
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employers, on the other hand, aware of the presence of the above-mentioned institutional problems, see it as difficult to reform programs which are already established at a deep level. Many users of the training program are small and medium-sized firms which are incapable of providing satisfactory training programs by themselves but are faced with serious labor shortages, whereas the foreign workers involved are keenly eager to work in Japan. Under such circumstances, technical interns are accepted in a wide range of industries such as fishery processing, textiles, metal processing, and agriculture. In order to keep the programs running in the interests of technological assistance to developing countries, it will be necessary to revise the current situation based on compromise between training and employment, which is vulnerable to abuse, clearly separate the two factors as different schemes, and reorganize the programs with increased transparency.
Slow Increase in the Number of Workers in Specialized and Technological Fields The number of new entries of foreigners with the official documents required for entry who legally entered Japan and applied for residential status with work permission (apart from “diplomat” and “government business”) totaled 158,877 in 2004, and the number of registered foreigners who have followed the foregoing process was 185,556 as of the end of 2003; both figures have been increasing in recent years. Since around 1990, when direct investment in Japan started to surge, an increasing number of foreign executives and workers in managerial posts have arrived in Japan. What is more, in fields where the worldwide struggle for talent is intensifying, Japan is exposed to competition with the U.S.A. and the nations of Western Europe, thus attracting fewer talented workers partly because it is not an English-speaking country. Despite the officially stated readiness of the Japanese government to accept workers in specialized and technological fields, the number of those who actually come to Japan has not increased so much as expected. In recent years, worldwide demand for highly skilled workforce, particularly those in information technology have greatly increased, Firms move or expand some of their operations and jobs to overseas locutions,
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Migrant Workers in the Post-War History of Japan which are referred to as off-shoring. Often, jobs are transferred to India, China and others via Internet. It is not certain at the present stage how far the new pattern will change the nature of immigrants and foreign workers in the future. The acceptance of highly specialized, skilled foreign workers represents a pivotal issue for advanced countries. It is highly likely, thanks to rapid progress in Internet technology, that outsourcing may become more common in the field of engineering requiring sophisticated technologies. Where the acceptance of nurses and caregivers from abroad is concerned, – a primary issue in negotiations over economic partnership agreements (EPAs) with Southeast Asian countries – Japan seems too conservative. Burdens are apparently heavy in the medical and nursing care services, and it is obvious that the situation will become serious sooner or later with the ageing population In the meantime, working abroad is attracting nowadays nurses in the Philippines and elsewhere, leading to a considerable deterioration in the quality of medical and nursing specialists in their own countries. This suggests that, unless the relationship between parties involved is carefully laid down, it is likely that the welfare standards in those countries will deteriorate, even if the nurses and other workers who go abroad are themselves able to enjoy higher income levels. It will be necessary to construct, with mutual cooperation, a mechanism of “skill circulation,” whereby the experience of immigrant workers in foreign countries can contribute to the healthy development of their own countries.
5. Future Tasks More than 20 years have passed since the number of what are called newcomers in Japanese society started to increase. During these years, there has been no particular discussion of the issue from the long-term perspective, but the actual situation forged over the years has become an accomplished fact; an increasing number of foreigners have settled here, and various difficult problems have arisen. There are still quite a few employers who treat foreign workers as a control valve for the domestic labor market, believing that they can cut or increase their workforce from abroad freely in response to business fluctuations. At the same time, there
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are many firms and industries by now which rely heavily on foreign workers and could not survive if they returned home. Faced with the rapid lowering of the birthrate and ageing of the population, together with the mass retirement of the post-war baby boom generation, calls are intensifying again for the acceptance of foreign workers. However, discussions in many cases differ little from those of the latter half of the 1980s. For example, in the latter half of the 1980s when the number of such workers began to increase, the shortcomings of the “vertically-divided administrative systems” affecting the acceptance of foreign workers were already acknowledged and the need for measures which would incorporate the “social dimension” was being stressed (Hanami and Kuwahara [1989] and [1993]), but nothing has been discussed at the governmental level. Finally, the Japan Business Federation included the issue in its proposals for a “Third Basic Plan for Immigration Control.” Taking into account that most of the problems concerning foreign nationals in present-day Japan have arisen in areas outside the scope of immigration control, it is undoubtedly necessary to create a comprehensive administrative unit to integrate a series of measures taken by various, mutually-independent ministries and agencies. The majority of the media still adopt for the tone that Japan should be “internationalized” or “open its doors” to the world, yet the grounds for their claims are not necessarily clear. Sometimes the term “internationalization” is used in reality to merely express the interests of employers and others concerned. Some point out that the proportion of foreign residents to the whole population is not as high as in western countries. However, compared to western countries with long histories of immigration, it is a mere 20 years since foreign workers called “newcomers” became a common sight in Japan. It is somewhat too early to demand Japan open up its doors more widely simply on the grounds that the proportion of foreigners in Japan is lower than the several to 10 percent of countries of Western Europe, with their long experience. The number of foreigners settling in Japan has been steadily growing, so that the proportion of non-Japanese to the population, assuming that the trend continues, will no doubt reach the level of today’s European countries in the near future. The
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Migrant Workers in the Post-War History of Japan real problem lies somewhere utterly different. The problem is the fact that it is almost impossible for the Japanese to see what the government’s policy for foreign workers and immigrants is aiming at. In particular, the policy lacks a comprehensive vision based on a long-term viewpoint. One cannot even tell who, in the government, is responsible for drawing up measures. The government should seek for consistency and transparency in its measures, as well as the establishment of one single responsible administrative body, taking into account the steady increase in foreigners settling in Japan. There is an urgent need to consider basic policies, and the main issues to be considered will be suggested in the following sections.
How to Deal with the Increased in Foreigners Settling in Japan First, the number of foreign workers who have settled in Japan has been steadily increasing, thus can be clearly seen in trends in the number of registered foreigners. As a result, foreign workers and their family members are no longer stared at with curiosity, and have started to live in various widely spaced areas of Japan. At the same time, as is typical among Japanese-descended Brazilians, many foreigners have gathered in particular areas or communities. In such areas, there are quite a few automobile, electrical and other manufacturing sites, where the number of foreign workers, mainly contract foreign workers, has continued to increase, so that now they are essential workforce. Some workers have brought over their families, the tendency to settle in Japan strengthening. As more and more foreigners have settled in Japan, more tasks to be solved have come to the fore, not only concerning employment but concerning housing, education, medical services, social security, and relations with neighboring Japanese citizens also. So far, in areas with many foreign residents, local authorities and citizens have taken initiatives in dealing with these. Although the government officially claimed that it did not allow in foreign workers in the field of unskilled labor, individual areas and communities have, in practice, been obliged to accept and deal with unskilled foreign workers. And with no fundamental measures taken, problems have become increasingly difficult. Six prefectures and 15 cities and towns, including Shizuoka, Aichi, Mie, Gifu, Gunma, and Nagano prefectures, have therefore established a
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the Council for Cities with Non-Japanese Residents, exchanging information and discussing various measures to tackle shared tasks. The Council held its first conference in Hamamatsu, Shizuoka prefecture, and had three conferences by 2004. The participation in the council of the Japan Business Federation, an employers’ organization, is ideal in considering specific questions concerning foreign workers. Problems affecting labor issues referred to at recent conferences include the failure to improve the working environment: for instance, non-participation in the social insurance scheme despite the increased number of foreigners settling in Japan. The council has presented to the government a number of requests including (i) effective implementation of the revised Worker Dispatch Law; (ii) improvement of vocational training activities addressed to foreigners of Japanese descent; and (iii) faster implementation of steps to encourage longer-staying foreigners to participate in the social insurance scheme. One crucial task is to discuss further the settlement of foreigners. Among illegal foreign residents in Japan, some have stayed long enough to, marry Japanese citizens, have children born in Japan, or receive education in Japan, etc. Because of such changes, an increasing number of foreigners have become so deeply rooted in Japanese society that they find it, in practice, difficult to return to their home countries. The same problem is shared by Nikkeijin and other foreigners legally entering and residing in Japan. The Ministry of Justice has recently announced a number of special cases where illegal foreign residents can be given an official residential permit, but still “settlement with no future prospect” has continued. More specifically, in 2003 the ministry gave nearly 10,000 illegal foreign residents the legal status of “special permits of residence” before, in practice, deporting them. This problem necessarily requires discussion in relation to the graying of society and the declining birthrate. Japan’s total population is expected to start falling after reaching a peak in 2006, which poses questions about the handling of foreign workers and the administration of immigrant control. The United Nations Population Division has suggested the idea of “replacement migration,” but this was merely a provisional conjecture;
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Migrant Workers in the Post-War History of Japan what kind of policies will Japan in fact follow in response to the rapid graying of its population? What options will be available for Japan in dealing with the labor shortage, the ageing of the labor force and other problems? Little discussion at the level of the ordinary citizens has taken place so far, but time is passing and considerations of, and responses to, the problems lag farther and farther behind.
Policy towards Illegal Foreign Residents and Traffic in Human Beings Although the number of foreigners overstaying illegally is now below the level marked at its peak, it is still large and causes various problems in various fields. Crimes committed by foreigners in recent years, which have increased considerably in number, involve in many cases foreigners illegally overstaying in Japan. The government is aiming at halving the number by 2008, but is vague about the relationship between this objective and its overall, long-term standpoint on foreign workers. The number of forged or altered documents concerning immigration control discovered has been increasing as a whole, and it also seems that, due to the involvement of domestic and overseas traffickers in illegal immigrants, the methods of trafficking are becoming nastier and more sophisticated. Meanwhile, trafficking in women and children has been attracting worldwide attention, and on July 12, 2005, a revised Criminal Law and Immigration Control Act were put into effect. The many cases of trafficking involved a number of brokers both at home and abroad. In 2004, the number of trafficking cases detected by the National Police Agency totaled 79.
To avoid creating invisible boundaries(3) One question which those who have studied and researched issues related to foreign workers from the very first stage have had in mind constantly is what is the meaning of “true acceptance of foreign workers”? Surveys of regions where a large number of foreigners reside make one realize that a wall has been imperceptibly built up between their communities and the neighboring Japanese society. In the 1980s, the fact that the number
(4) Some descriptions in this statement overlap parts of Kuwahara (2004).
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of foreigners living nearby had increased drew attention from local communities and authorities. At the time there was certainly communication between the two parties, though they were still groping for ways of achieving it. But nowadays, as the number of foreign workers has inevitably increased so that local firms and industries can survive, more Japanese people seem to be unwilling to get involved with such workers. Partly due to the shortcomings of the alien registration system, local governments do not realize how many foreigners reside within their jurisdictions. Local governments with a large number of foreigners have made various efforts to achieve co-existence with local people, but many of them feel their hands tied in filling the gap between reality and the schemes and steps available to them. As time has passed, a kind of enclave isolated by invisible walls from the local population has come into existence. Quite a few foreigners who are dispatched by agencies to workplaces have no particular communication with Japanese people, having contact only with their fellows, and an everyday life consisting of shuttling between their apartments and workplaces. There are foreign families who have been in Japan for several years, but have neither socialized with Japanese people nor sent their children to local primary school. They have been busy making ends meet, with no particular outside support, while time has been going by. While some borders – for example, in the newly expanded EU – are disappearing due to globalization, “unseen borders” are being built within the boundaries of individual countries. These invisible barriers are forms of social discrimination or the isolation of specific races or nationalities, and are sometimes created deliberately for political purposes. Yet it is not solely the countries having immigrants, or their people, are responsible for these barriers, since it is natural for people of the same country to stick together. It is easy to talk theoretically about “social integration” or “co-existence,” but realizing them is full of difficulties. What should be done to prevent the building “invisible boundaries?” We are still in the trial-and-error stage in seeking for answers to these questions. What is true “globalization”? We must first begin by looking into our own hearts. The essential things are: steady efforts to strengthen dialogue and communication at the level of individual local communities; reorganize the points for discussion at the
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Migrant Workers in the Post-War History of Japan national level; and revise and clarify policies in accordance with the reworked discussion. It may be no exaggeration to say that Japan’s future will depend on such efforts.
References Hanami, Tadashi and Kuwahara Yasuo (ed.) “Asu no Rin-jin: Gaikoku-jin Rodo-sha” (Our Future Companions – Foreign Workers). Toyo Keizai Shimpo-sha, 1989. ------. “Anata no Rin-jin: Gaikoku-jin Rodo-sha” (Your Companions – Foreign Workers). Toyo Keizai Shimpo-sha, 1993. Immigration Bureau, Ministry of Justice. (ed.) “Shutsu-nyukoku Kanri, 2004” (Immigration Control, 2004). Ainet, 2004. Immigration Bureau, Ministry of Justice. “Dai-3-ji Shutsu Nyukoku Kanri Kihon Keikaku” (Third Basic Plan for Immigration Control), March, 2005. Ishikawa, Tatsuzo. “Sou Bou”, Shincho-sha, 1935. Kajita, Takamichi, Tanno Kiyoto, Higuchi Naoto. “Kao no Mienai Teijyu-ka: Nikkei Brazil-jin to Kokka, Sijo, Imin-network” (Faceless Settlers: Brazilians of Japanese Descent and State, the Market and the Immigrant Network). Nagoya University Press, 2005. Kuwahara, Yasuo. “Kokkyo wo Koeru Rodo-sha” (Workers across National Borders), Iwanami Shoten, 1991. ------. “Mieru Kokkyo / Mienai Kokkyo” (Visible Borders, Invisible Borders) in “Nihon Rodo Kenkyu Zasshi, No. 531, October 2004. Japan Business Federation. “Gaikoku-jin Ukeire Mondai ni kansuru Teigen” (Recommendations on Accepting Non-Japanese Workers), April 14, 2004. “Chronology of Migration to and from Brazil” http://www.lib.city.wakayama.wakayama.jp/wkclib_doc/sub19.htm Website of the Immigration Bureau, Ministry of Justice. (Partial Amendment of the Immigration Control and Refugee Recognition Act, enacted on July 12, 2005). http://www.moj.go.jp/NYUKAN/nyukan39.html
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Foreign Workers in Japan: Reality and Challenges
In the 21st century, the world is characterized by international flows of goods, money and people, and even Japan cannot exist outside this sphere, which is why the number of foreigners living in Japan increases. I would like to begin by discussing this point, then touch on the current situation surrounding the employment and housing conditions for foreigners, and conclude by putting forward specific arguments concerning future Japanese policies for receiving foreigners and the government’s approach to these issues. Amid the liberalization of the international movement of people, due to the many security issues that have emerged in recent years requiring firm response such as terrorism caused by Islamic fundamentalists, etc., it has also become necessary for Japan to seriously discuss immigration policies. With these points in mind, I will explain my positions.
1.1 Development of the Debate Concerning Employment of Foreign Workers In Japan, serious debate on allowing foreigners into the country only commenced in the 1990s. Since then, amid the steadily strengthening trend in which people, goods and money move across national borders, it is becoming necessary to develop new government policies. From an international perspective, in 2004 the EU was expanded from 15 to 25 member countries, and through FTAs (free trade agreements), EPAs (economic partnership agreements) and other similar measures the trend toward liberalization is being promoted among countries and regions. On the other hand, developments such as the September 11, 2001 terrorist attacks in the U.S. and the situation in Iraq since 2003 have produce stricter regulation of and impediments to the free international movement of people. In Japan, opinions concerning admission of foreigners have changed in the following manner:
(1) Debate in the latter half of the 1980s Until the first half of the 1990s, the predominant view — although it can’t be said to have been the actual case — was that Japan would continue to suffer an absolute shortage of labor, and there were calls, particularly in economic circles, to bring in workers from Asian countries.1 One positive
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proposal at the time called for bringing in foreign laborers for a few years from countries with differing income gaps and low technological levels, with the understanding that they would return to their home country after a few years. This was the so-called “rotation system.” There are precedents for this system, and they show that the system does not work. Usually, workers allowed into a country for a fixed period are reluctant to return to their home countries at the end of the designated period. The best-known example is that of West Germany which began a policy of accepting foreign laborers in 1961. The rotation system — whereby workers from countries that had agreements with West Germany were allowed to work in West Germany for two to three years and then return home — did not function. Rather, the foreign workers, once accepted, chose to remain as permanent residents. It has been noted that even if they lost their jobs with the firms that had hired them (after the oil crises), they continued to do some sort of work to support their families and they remained, and still remain, on a permanent basis in a reunified Germany.2 And this tendency foreshadowed the outcome of a very similar experience 20 years later in Japan, whereby foreigners who were allowed to stay for a fixed period of time have tended to stay permanently. (See the section on accepting people of Japanese ancestry below.) However, the bursting of Japan’s so-called “economic bubble” in the 1990s rudely jerked Japan from the extreme of having a shortage of labor to the opposite situation of having excess labor. The contraction in hiring caused the unemployment rate to increase rapidly. As a result, young people were denied access to stable employment, so that the increased numbers of unemployed young people, and of people who have effectively dropped out of the job market, has become a very serious problem. In this situation, rather than adopting government policies that relax acceptance of foreign workers, the basic governmental policy has been to actively promote acceptance of high-level personnel and workers in specialized/technical fields.3
(2) Accepting people of Japanese ancestry At the end of the 1980s, countries in South America experienced a protracted economic crisis, and in part because of the effects of
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Foreign Workers in Japan: Reality and Challenges Kazuaki Tezuka Professor, Land Social Law, Law School of Chiba University
1. Introduction: The Significance of Increased International Flow of People, Goods and Money The number of foreigners living in Japan is still rather low when compared with other advanced countries. There were more than 1.97 million registered foreigners in Japan at the end of 2004, more than 1.55 percent of the total population (see Figure 1.), compared with the U.K.’s 3.8 percent, Germany’s 8.9 percent and France’s 6.3 percent.
Figure 1. Trends in the Number of Registered Foreigners (as the end of each year) Rate of increase/ Percentage of total Total number decrease compared Quotient population (%) to previous year 1978 766,894 100 0.67 1979 774,505 1.0 101 0.67 1980 782,910 1.1 102 0.67 1981 792,946 1.3 103 0.67 1982 802,477 1.2 105 0.68 1983 817,129 1.8 107 0.68 1984 840,885 2.9 110 0.70 1985 850,612 1.2 111 0.70 1986 867,237 2.0 113 0.71 1987 884,025 1.9 115 0.72 1988 941,005 6.4 123 0.77 1989 984,455 4.6 128 0.80 1990 1,075,317 9.2 140 0.87 1991 1,218,891 13.4 159 0.98 1992 1,281,644 5.1 167 1.03 1993 1,320,748 3.1 172 1.06 1994 1,354,011 2.5 177 1.08 1995 1,362,371 0.6 178 1.08 1996 1,415,136 3.9 185 1.12 1997 1,482,707 4.8 193 1.18 1998 1,512,116 2.0 197 1.20 1999 1,556,113 2.9 203 1.23 2000 1,686,444 8.4 220 1.33 2001 1,778,462 5.5 232 1.40 2002 1,851,758 4.1 241 1.45 2003 1,915,030 3.4 250 1.50 2004 1,973,747 3.1 100 1.55 Source: Immigration Bureau, the Ministry of Justice, Statistics on Foreign Residents (2004)
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Foreign Workers in Japan: Reality and Challenges hyperinflation — as high as 2,000% per year — Brazilians and Peruvians of Japanese descent began to search for work outside their countries. Initially most were of the first generation, but eventually those in the second- and third-generation took to working outside the country as well. In Japan in 1994, there were 160,000 Japanese-Brazilians and 35,000 Japanese-Peruvians. Their numbers continued to grow throughout the economic downturn of the 1990s, so that by the end of 2003, there were 274,700 Japanese-Brazilians and 53,600 Japanese-Peruvians in Japan. (See Figure 2.) In tandem with this phenomenon, many problems arose — such as what type of job category should be open to them according to their status of residence, etc. — and remain unsolved.
Figure 2. Transition of Composition Ratio According to Nationality (Place of Birth)
100% Others USA 80% Peru Philippines
Brazil 60%
China 40%
20% Rep. of Korea
0% 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
Source: Immigration Bureau, the Ministry of Justice, Statistics on Foreign Residents (at the end of each year), 2004.
For the first time since World War II, all job categories were opened to Brazilians and Peruvians of Japanese descent. Many decided not to come alone in an attempt to earn money for a short period of time, but rather to bring their families with them. Parents and brothers and sisters were also gradually brought to Japan to work — the so-called “chain migration” pattern. Amid this setting, many who initially intended to come for two or
51
three years to earn money found that they had no means to support themselves back in their home country, so the majority returned to Japan to stay here permanently. As a result, the number of people obtaining long-term resident visas or permanent residence is gradually increasing. (See Figure 3.)
Figure 3. Trends of the Number of Permanent Residents by Nationality (Place of Birth)
Changes in Number of Resistered “General Permanent Residents” (number of persons) 350,000 300,000 Others 250,000 Peru Philippines 200,000 ROK/DPRK 150,000 Brazil 100,000 China 50,000 0 2000 2001 2002 2003 2004
Source: Immigration Bureau, Ministry of Justice, Statistics on Foreign Residents (2004).
Accompanying this trend, as shall be explained in greater detail below, are a plethora of problems involving not only employment, work, health care and social security, but also — concerning their children’s education — rapidly increasing school dropouts and crimes committed by juveniles. On the other hand, there is increasing acceptance of foreigners in a half-baked manner that fails to take into account the daily reality of the lives of those who settle in Japan more or less permanently.
(3) Increase in illegal workers and the government’s response Similar to all advanced countries, Japan has a problem with the huge number of foreigners who enter the country to work without being eligible for employment or a working visa, and who settle here without being protected under Japanese labor laws. A good number of these people have no choice but to stay in Japan, without protection of their human rights, and are unable to return to their home countries. Regardless of whether or not
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Foreign Workers in Japan: Reality and Challenges they possess a visa that allows them to work, foreigners in Japan must be provided with certain minimum protection, such as protection under labor laws, personal liberty, and assurance of safety. However, diverse problems are cropping up regarding undocumented, illegally employed foreigners in this country. Because they are working illegally, most are willing to work long hours under conditions that Japanese would not tolerate, including in undesirable work environments doing hard labor while receiving relatively poor pay. (For example, even if the hourly wage is higher than that paid to part-time workers, they do not receive overtime pay and they remain outside the social insurance system, resulting in low real wages.) They frequently are victims of work accidents and do not apply for workers’ compensation claims even though they might be eligible to receive benefits. Even if they did receive compensation, the rate would be low. These foreign workers who fall entirely outside the employment protection and social insurance schemes can be found in such diverse industries as manufacturing and the service sector, such as laundry and cleaning, foreign students working in restaurants, etc. At the extreme far edge of this gray zone are the growing numbers of cases in human trafficking as well as many other human rights issues and the related international organized crime networks, and crimes committed by foreigners in Japan (including crimes in which Japanese criminal organizations and foreigners collaborate). (See Figure 4.)
1.2 Recent Debates concerning Admission of Foreigners In addition, it is predicted that Japan faces a shrinking population. (See Figure 5.) Opinions are being advanced that Japan needs to bring in foreigners in order to stave off a downturn in the population, or that it is necessary to promote liberalization in immigration along with deregulating the movement of goods and capital. Meanwhile, there is general acknowledgment that globalization — the free movement of capital, goods and people — is creating a new world system. In view of the situation surrounding Japan in Asia, as well as developments in the EU where a greater level of unification was achieved in May 2004, etc., it becomes apparent that Japan will face even greater difficulties if future policies are considered strictly from a domestic
53
perspective. Japan also, through bilateral or regional FTAs and EPAs with Singapore, the Philippines, Thailand, Mexico, etc., is concretizing ways to accept people while also implementing policies that simplify entry to Japan for people from South Korea, China, and other neighboring countries. Below I shall discuss the central problematic points in these matters.
Figure 4. Trends in Arrest of Foreigners
45000 40000 35000 30000 25000 20000 15000 10000 5000 0 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2003 2004 123456789101112 (half year)
Number of cases for “special law crimes” Number of cases for “penal code crimes” Number of people arrested
Source: National Police Agency
Figure 5. Transition of Total Japanese Population Estimates According to Age Bracket (Estimates of Population Accompanied by Movement) (Million) 0-19 20-64 65- 75- 25-54 15-64 Total Year years old years old years old years old years old years old population 1995 28.573 78.607 18.268 7.170 53.283 87.165 125.439 2000 26.014 78.601 22.305 9.103 53.734 86.136 126.920 2005 24.440 77.251 26.397 11.918 50.850 83.902 128.087 2010 23.117 74.307 30.287 14.607 48.671 80.465 127.712 2015 21.627 69.279 34.796 16.728 46.889 75.206 125.702 2020 19.852 65.658 36.732 18.659 44.380 71.612 122.242 2025 17.683 63.251 36.703 21.226 41.190 68.567 117.637 2030 15.909 59.937 36.364 21.697 37.257 64.583 112.220 Source: Iwao Fujimasa, Trend of Depopulation Society
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Foreign Workers in Japan: Reality and Challenges
2. Elements Missing from Previous Discussions Regarding Admission of Foreign Workers Deficiencies still exist in the debate over admission of foreigners into Japan, particularly foreign workers. Let us turn now to an examination of these deficiencies.
2.1 Recent Arguments in Favor of Offsetting Population Downturn through Immigration First, it needs to be noted that a perspective that pays consideration to the admission of foreigners has been missing from long-term demographic changes and industrial structural forecasts in Japan. The stance one takes concerning negative population growth determines the fundamental preconditions for accepting foreign laborers. Given the sort of ambiguous approach that has been typical in the past, to make the unsupported assertion that Japan’s negative population growth can be offset through immigration which will supposedly provide the necessary future labor population and contribute to the economy is more a general expression of wishful thinking than anything else. However, according to recent influential research,4 this problem is seen as follows. According to population estimates published by the Ministry of Internal Affairs and Communications, the population of Japan as of October 1, 2004 was 127,687,000 people, an increase of 67,000 over the previous year. The total population increase/decrease is calculated as “A” (the number of children born, minus the number of deaths) plus “B”(the number of immigrants minus the number of emigrants [the movement rate]). According to the October 1, 2004 data, compared with the same period the previous year, “A” increased by 102,000 and “B” saw a decrease of 35,000. Advanced countries have fairly constant death rates, so the birth rate (actually the correct term is “total fertility rate,” but here we’ll substitute the term “birth rate”) and the movement rate become the determining factors. However, even if Japan’s birth rate experienced an upturn, currently at 1.23, the maximum would be 1.8 at most. While the population is precipitously decreasing (2005-2030), the death rate will be high and the
55
birth rate is not expected to increase very much. Also, even if 500,000 foreigners (the number mentioned by the United Nations State of World Population) were admitted to Japan each year, the population is not expected to increase. On the other hand, beyond 2030, as the population stabilizes, the influence of the birth rate on population structure is expected to be large, particularly the rate of aging. If the birth rate is 2.0, the aging rate is forecast to be 19 percent; if 1.65, then 26 percent; if 1.35, then 32.5 percent, and if 1.2, 37 percent. According to estimates, if present trends continue, the population will, as seen by age group, appear as shown in Figure 5. For that reason, as is widely known, in the advanced countries, rather than attempting to promote immigration, higher priority has been, and is, placed on implementing policies to increase the birth rate.5 The long-term ability of foreigners to stem the trend toward lower birth rates becomes clear by analyzing the experiences of Germany (and other countries). Even if the first generation has three or more children, the birth rate for the second generation becomes about the same as that of Germans. So even if the first generation is fruitful and multiplies, the economic effect is just about enough to cover the first generation’s social security pension outlays. The costs of providing education and so forth for the second generation actually produce a minus for the economy.6 Accordingly, in Germany, despite facing a precipitous downturn in the birth rate and a fall in population similar to Japan’s, even with regard to workers from the new EU member countries, immigration is initially prohibited for a period of three years (from May 2005), with extensions of two and three years, for a total of seven years. Next, it is inevitable that Japan’s future industrial structure will shift toward higher value added manufacturing, IT, etc., with mass production of items that can be made anywhere, and, due to international competitiveness, production will be shifted to Asia, eastern Europe and other places. It remains true that certain sections of the economy cannot be shifted overseas (such as agriculture, construction and many service industries), however, even in these areas international competition is forcing structural improvements to take place. And if that is the case, then it follows that the types of foreign workers required in Japan in the future must be in keeping
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Foreign Workers in Japan: Reality and Challenges with these emerging economic realities.
2.2 Unskilled Foreign Workers in Japan Since the 1990s Japan has allowed foreign workers into the country without limiting the kind of work they can do, typified by the Brazilians, Peruvians and others with Japanese ancestry (i.e., those who have their origins in Japan within the last two or three generations). I wish to emphasize that it is readily apparent that virtually no regulations were made for their entry. Below is a list of the minimum conditions necessary to accept foreigners. (a) Preparation to enter the country with some knowledge pertaining to Japan, such as the language. (b) Securing stable employment with companies that follow employment regulations — such as wages, working hours, safety, etc. — and ensure that the workers are enrolled in social insurance (health insurance, public pension insurance) and labor insurance plans (employment insurance, worker’s accident insurance). (c) Because it is impossible to prohibit workers from bringing their families to live with them, parents or guardians should fulfill their educational duties toward their children, especially those of mandatory school age, and national and local government assistance should be provided. (d) Secure housing for both the individual and his/her family. Others. However, the reality is that many foreigners, especially foreigners of Japanese descent, came to Japan to work without the above conditions being secured. To put it another way, foreign workers were, for all intents and purposes, allowed into Japan without specifying what conditions were necessary. Concerning these points, the following can be stated.
(a) Lack of adequate Japanese language classes in one’s native tongue and Japanese language education in Japan Both countries built through immigration, such as the U.S., Australia, Canada, etc., and those that accept foreign workers, such as Germany, the
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U.K., France and others have certain requirements concerning minimum daily conversation skills in the official language of the country as a precondition to work and stay in that country. In this regard, Japan lacks an adequate overseas network or system to facilitate the study of the Japanese language. As a result, there is no alternative but to allow people who want to study in Japan to enter the country and then learn the language. In this way, Japan has no choice but to admit foreigners from China and elsewhere as students enrolled in Japanese language schools. Most have no means of support, and since they are not receiving any sort of scholarships, it is necessary for them to get permission from the immigration bureau to work part-time (up to 28 hours per week). The number of those who had received permission to work part-time totaled more than 83,000, and if people who work without obtaining permission are included, the number is fairly large. (See Figure 6.)
Figure 6. Trends in Foreign Students who Work Part-time. (unit: persons) About 80,000 foreign students worked part-time in 2002. (An increase of about 50,000 or 156% over 1992)
(number of persons)
90,000 83,340 80,000 70,000 65,535 59,435 60,000 50,000 46,966 39,299 38,002 40,000 32,592 33,499 32,366 30,102 32,486 30,000 20,000 10,000 0 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002
Source: Immigration Bureau, the Ministry of Justice. Note: “Part-time work” refers to the number of foreign residents with a student visa who received “Permission to Engage in Activity other than that Permitted under the Status of Residence Previously Granted”.
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Foreign Workers in Japan: Reality and Challenges
Also, there are many people among second- and third-generation Brazilians, Peruvians, etc. of Japanese descent who are admitted into the country without conditions, and who can only speak their mother tongue and are unable to understand Japanese. The Japanese language ability of their children is again almost entirely insufficient to keep up with classes even if they attend elementary and junior high school. As a result, they tend to drop out and frequently commit petty crimes such as shoplifting around town. Their commission of crimes is out of proportion with their numbers, and is a problem. Of course, many local governments (cities where a large number of non-Japanese residents live) provide remedial Japanese language instruction to children of foreigners and/or educators able to communicate in the mother tongue of the children. However, many parents come here with the idea that they will only be here for a few years to earn money, and thus only a small percentage of their children have the ability to understand classes taught in Japanese. And yet, as their stay in Japan becomes longer, the children come to see Japan as the country where they will be living in the future. In January 2005, we performed a study at Kurihama Juvenile Training School, which seeks to reform juveniles placed there for crimes. There were nearly 30 Brazilian juveniles of Japanese descent incarcerated there, and all considered Japan to be the country where they should be living in the future, rather than their parents’ home country of Brazil. Moreover, the primary reason they became involved with crime in the first place was their inability to communicate in Japanese. Both the juveniles themselves and the workers at the reformatory agreed that if they had been able to use the Japanese language and had been able to function normally in school and elsewhere, they would not have become involved in criminal activity. At this school, the important work of the reformatory employees concerning Brazilian-Japanese youth was to teach them the Japanese language. There is also a German precedent for this situation, involving the repatriation to Germany of Aussiedler, so-called Eastern Europeans of German ancestry. Both parents and children among these ethnic Germans have insufficient German-speaking ability, and special measures are being implemented involving large budgets and/or the cooperation of volunteers and others to help them acquire German language ability.9 In Japan, such
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measures are just beginning to get underway. In implementing such remedial language training, the education of the parents’ generation is even more insufficient, and it is necessary that the national as well as local governments prepare opportunities for foreigners to study the Japanese language. However, it is debatable whether or not Japanese descents and others who have come to Japan to earn money have the willingness and the time to take advantage of these opportunities. Many labor 10 hours per day, and they do not have enough free time to study the language on top of their already hard daily schedule. However, when allowing foreigners into the country in the future, excluding a few specialized occupations that allows them to work in English or other languages, acquisition of the Japanese language should be a precondition and requirement for staying and working in Japan. The system established to provide intensive Japanese language training for nurses and careworkers from the Philippines after their arrival can be called a first step.
(b) Equal application of labor and social security laws to foreigners Labor laws also apply equally to foreigners, especially the Labour Standards Law and the Trade Union Law. However, the current situation is that the employment methods used by many companies prevent foreign workers from receiving the benefits that these regulations provide. In April 2004, Nippon Keidanren, the leading organization of employers, compiled a report promoting the acceptance of foreign workers as an appeal to the government and others.10 In this report, they argue that companies accepting foreigners must obey the Labour Standards Law, the Minimum Wages Law, the Industrial Safety and Health Law and related aspects of the labor law system just as when Japanese workers are employed. However, as a result of the relaxation of regulations under the Worker Dispatching Law effective April 2004, excluding the construction and a few other industries, foreign workers can be employed in manufacturing, the service industries, and other fields. When manufacturers (frequently automobile and electrical equipment industries) hire foreign workers, in particular Japanese-Brazilian and Japanese-Peruvians from temp agencies,
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Foreign Workers in Japan: Reality and Challenges they have an indirect responsibility to follow regulations laid out in the Labour Standards Law and to bear the costs of social insurance payments, even if the agency has direct responsibility under the Worker Dispatching Law, Labour Standards Law and employer responsibility under the Social Insurance Law (i.e., participation in health insurance and welfare pension insurance). However, in actual fact the workers are received under short-term two to three month contracts from the brokers who call themselves “worker dispatchers” (few are licensed under the Worker Dispatching Law). Legally speaking, this method of receiving workers is strictly prohibited under the labor laws, failing to fulfill the requirements of Article 4-3 of the Employment Security Law, and falls under the category of a worker supply business under Article 44 of the Employment Security Law. The large companies where the foreign laborers work (they call themselves “subcontractor”), have the position that the relationship with exploitative middleman brokers is none of their business. This is a serious problem which Nippon Keidanren, the Japan Trade Union Confederation (Rengo) and other organizations dealing with employer-worker relations need to draw attention to. Accordingly, foreigners caught in this sort of a system continue to go from one job to the next without ever receiving health insurance, welfare pension insurance or employment insurance. Because they work at least two hours of overtime every day in an attempt to earn as much as possible in as short a time as possible so they can return to their home country, the children are left entirely on their own on work days. However, every two or three months they are fired by the company to which they were “dispatched” (actually, it is an illegal subcontracting relationship) and have no choice but to keep changing jobs. In other words, research shows that among Japanese descendents and other foreign workers, those who are unskilled have almost no direct employment, and are instead almost entirely indirectly employed.
(c) The children’s education As stated above, the number of foreign children who require instruction in the Japanese language is gradually increasing despite the fact that there are fewer children of foreigners in Japan today. (See Figure 7.) The reason
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for this is that although the number of children in non-Japanese families who have been residing in Japan since before World War II is decreasing similar to that for Japan as a whole, there is a growing number of children of Brazilians and Peruvians of Japanese descent who have recently settled here. In cities with higher than average concentrations of foreign residents, attention has been drawn to the problems of these children and the national and local governments have been asked to provide abundant support. The national government has responded by revising regulations on vocational technical schools — previously schools could not be licensed and eligible for public assistance unless they owned a campus and a school building. Now the national government provides direct and indirect assistance (e.g., assisting with half the salary of one instructor for every five foreign children).
Figure 7. Trends in Foreign Students who Require Remedial Instruction in Japanese
As of September 2004, there were about 19,000 foreign students enrolled in public elementary, junior high and high schools, in educational institutions for the blind, deaf and disabled, and in integrated junior and senior high schoolsystems. This figure has remained largely unchanged for several years. These 19,000 students attend a total of about 5,000 schools.
(number of people) 19,250 19,678 20,000 18,585 18,734 19,042 18,432 1,024 1,204 18,000 17,296 901 917 1,131 1,143 461 16,000 5,097 5,250 5,203 5,694 5,507 5,317 14,000 4,533 11,806 12,000 10,450 10,000 3,350 2,881 8,000 5,463 13,307 6,000 12,302 12,383 12,240 12,468 12,046 12,523 1,485 4,000 7,569 8,192 2,000 3,978
1991 1993 1995 1997 1999 2000 2001 2002 2003 2004
Number of Students According to Type of School Educational institutions for the blind, deaf and disabled Senior or high school Junior high school Elementary school
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Figure 8. Employment Status of Foreign Children (2004) Foreign children of school age Number enrolled Non-students Rate of non- City (number of Students B in international A- (B+C) D enrollment (%) Remarks regustered) A schools C D÷A×100 Hamamatsu city 1,556 873 358 325 20.9 Iwata city 270 118 91 61 22.6 *includes foreigners enrolled in Kosai city 169 116 Unkown *58 34.3 international schools Fuji city 274 191 0 83 30.3 Toyohashi city 1100 644 250 206 18.7 63 *Excludes people who returned Foreign Workersand Challenges Japan:Reality in Toyota city 819 431 236 *75 9.1 to home country, relocated, etc. *Includes people enrolled in Ogaki city 364 212 Unkown *152 41.8 international schools Kani city 258 91 74 93 36.0 Minokamo city 238 110 74 54 22.7 Yokkaichi city 461 274 109 78 16.9 Suzuka city 497 167 50 280 56.3 Ota city 502 233 91 178 35.5 Oizumi Machi 646 313 109 224 34.7 Ida city 195 149 0 46 23.6 Source: Council for Cities of Non-Japanese Residents Related Reference Materials
Nevertheless, as seen in Figure 8., according to documents of the “Council for Cities of Non-Japanese Residents,” the attendance record of foreign children is atrocious. In most cities, between 20 percent and 40 percent do not attend school. The result, which is clear, is that they end up idly hanging around town, and in part due to the negative influence of their cohorts, they become involved in crime. This is the background behind the increase in juvenile criminals among Brazilians and Chinese. (See Figure 9.)
Figure 9. The Number of Crimes and People Arrested of Foreigners Classified by Nationality (2004) The number of crimes The number of people arrested Nationality Penal code Special law Penal code Special law Total Total crimes crimes crimes crimes China 5,891 2,782 8,673 2,173 2,447 4,620 Turky 5,580 71 5,651 303 726 1,029 Brazil 3,015 104 3,119 169 598 767 Re. of Korea 773 860 1,633 511 76 587 Philippines 176 657 833 28 336 364 Colombia 370 80 450 252 56 308 Vietnam 325 91 416 12 268 280 Thailand 26 372 398 176 102 278 Peru 229 129 358 28 209 237 Myanmar 14 274 288 47 163 210 Others 763 1,855 2,618 570 1,293 1,863 Total 17,162 7,275 24,437 4,269 6,274 10,543 Source: National Police Agency
The posture of parents who spend long hours laboring to earn money and are not concerned about their children’s education is, according to opinions heard from Brazil and elsewhere, is a pathetic contrast with the Japanese of an earlier era who emigrated to the New World amidst abject poverty and yet managed to build schools for their children, educate them, and turn out productive adults who gained important status within their new home countries in the Americas.11
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Foreign Workers in Japan: Reality and Challenges
3. Realities and Problems Surrounding Acceptance of Foreigners According to estimates from the Ministry of Justice’s Immigration Bureau, as of the end of 2003 there were more than 790,000 foreigners working in Japan. Of these, Japanese descents and others (fixed domicile residents, spouses of Japanese, spouses of permanent residents, etc.) who have no employment restrictions number more than 230,000. The conditions under which these people work is as follows. (a) They have short-term employment contracts (usually three months). (b) Rather than being directly hired by their workplace, they are indirectly hired, from outside subcontractors or temporary agencies. (c) The great majority are paid hourly wages, and unlike Japanese employees they receive almost no bonuses, retirement allowances, or other welfare benefits. (d) Non-participation in social insurance and employment insurance. (e) Can be dismissed at any time. This sort of employment became possible because of the lax enforcement of Article 44 of the Employment Security Law prohibiting worker supply businesses, which was created to eliminate intermediary exploitation under Japanese employment laws. As a result, business subcontracting solely for the purpose of supplying labor has become common. (Under Article 4-1 of the Employment Security Law, this would constitute a worker supply business.) Also, as part of the deregulation measures implemented from April 2004, excluding longshore, construction, and security industries, the Worker Dispatching Law now generally allows dispatching of workers to manufacturing and service industries, etc. Although it is obligatory that dispatchers’ participate in social and labor insurance palns, with regard to foreigners, the supply of workers from subcontractors, which is not allowed by the Employment Security Law, continues unabated (fails to fulfill requirements of the Employment Security Law Enforcement Regulations Article 4-1, and therefore constitutes an illegal worker supply business). Of course they are not fulfilling their tax withholding obligations. If such
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forms of indirect employment are not eliminated, foreigners cannot be accepted into Japan. In similar fashion, comparable problems also exist with the acceptance of foreigners under the technical intern training system, whereby the signing of a labor contract is obligatory. In Germany, which may be considered a leader among countries in terms of accepting foreign workers, public prosecutors, police (Federal Ministry of the Interior), the Federal Ministry of Economics and Labor, and the national tax and financial authorities cooperate closely to continue cracking down under the “Labor Functions of Illegal Aliens.” However, they report that they have not been able to stop illegal immigration. It would seem fair to say that Japan does not have the level of coordinated government action that exists in Germany. Whereas on the one hand there are problems on the receiving side as described above, problems on the part of the employed foreigners are also becoming apparent. Japanese descendents and other foreigners come to work in Japan for a few years to earn money. As a result — because they desire to accumulate as much money as possible in several years and return home — the reality is that they do not want to participate in social and employment insurance schemes in which, fundamentally, the employer and worker split the contribution 50-50. However, they, like everyone else, become ill and get hurt in accidents. So the question of coverage for them remains. There are limits to how far the national and local governments can look after the needs of such people. And not only that, but many show a tendency, over time, to settle in Japan. Many may be without a retirement pension in the future. Additionally, the largest problem resulting from foreigners settling in Japan is the issue of their children. The reality concerning children of foreigners is that they are unable to keep up in Japanese schools, especially elementary and junior high school — mandatory in Japan — and for financial and other reasons they do not enter schools for foreigners either. It has been reported by the “Council for Cities of Non-Japanese Residents,” cities in which many foreigners live, that the dropout (non-schooling) rate among foreign children of mandatory education age ranges from around 10 percent to as high as more than 50 percent in some cities. Many have
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Foreign Workers in Japan: Reality and Challenges insufficient Japanese language ability and end up not going to school because they cannot keep up with the curriculum. Such children tend to wander idly around town, eventually ending up involved in juvenile crime. Even if these crimes are initially relatively minor offenses such as shoplifting, as they repeat offenses and become influenced by bad company, the likelihood of them committing serious offenses (such as burglaries) increases, as recent crime statistics reveal. However, according to the reformatory workers who are actually trying to help these juveniles straighten out, the biggest basic problem facing these youths is lack of communication, resulting from insufficient Japanese language skills. Accordingly, much time spent in reformatories is dedicated to Japanese language education. Moreover, most of these children intend to reside permanently in Japan, rather than in their parents’ homeland. It needs to be kept in mind by any country that introduces manpower across cultural and linguistic borders that half-baked policies carry with them the danger of producing such children in the future. In response to this state of affairs, recently the most aggressive response has come from the Ministry of Education, Culture, Sports, Science, and Technology, in the form of the easing of standards for establishing miscellaneous schools. Previously, schools needed to have a campus and own a building to qualify to be licensed, a requirement that was eliminated in June 2004. Now, at the discretion of local governments it is possible to be licensed as a miscellaneous school even with a leased building and campus. This measure makes it possible to receive local government assistance, student discounts on train passes, etc. However, is it possible to demand a solution on the individual level to problems such as a lack of interest in a child’s education on the part of those earning money in Japan? As mentioned above, since this is one of the three conditions for accepting foreigners in the country, it is necessary to very thoroughly confirm this when applying for a visa to enter Japan. In the future, while the national and local governments cooperate with both the sending country and local governments on the residential level, it is necessary to create a network that allows the children of foreigners to obtain not only mandatory education, but also secondary education.
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(f) Problems associated with temporary employment and housing As explained above, because the employment of foreigners is unstable and they frequently change their workplace, they also have to change their place of residence. As a result, they do not change their foreign registration with the municipality of their new residence. This approach to receiving foreigners — whereby industries and corporations acquire only the labor needed, only when they need it, and then let the workers go as soon as they are no longer needed — is being called into question. The basic underlying problem is the same in Japan, Europe and the U.S.: the large numbers of foreign workers who have come into the country to earn money are at the bottom of the pecking order.12 Since foreigners have been accepted into the country, it is necessary to endeavor to assure them of employment for a fixed number of years. This is not just a problem of so-called manual (unskilled, semi-skilled) labor, but is also true for specialized, technical labor. The two- to three-year period of stay under the immigration law was extended to five years, and deregulation of labor contracts has also made three-year contracts possible under the Labour Standards Law (the 2003 revision, Article 14-1), (five years for workers with specialized knowledge, technology or experience). In consideration of this, foreign workers should be given assurance that they can work for a fixed period of time in Japan without worrying about job security. Furthermore, it is necessary to promote social security agreements (at present there are just a few, with Germany, the U.K., and the U.S., etc.) so that foreigners can participate just as Japanese do in the social insurance system and take back with them those rights (especially rights pertaining to public pensions) upon returning to their home countries.
4. Urgently Needed Measures For such measures to become established as comprehensive government policy, there is a growing awareness that rather than committing such government policy concerns to a government-wide organization, it is necessary to establish an agency organizing national comprehensive government policy. In consideration of the precedent set by the German government official in charge of immigration issues (with the Chancellor’s
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Foreign Workers in Japan: Reality and Challenges direct advisory, investigative and authoritative functional rights), etc., there is an urgent need to establish an organization with these sorts of functions. Also, personal exchanges with surrounding countries, especially those in Asia, continue to steadily grow, and to accommodate this trend it is necessary to expand visa exemptions and to ease visa issuance procedures. There is also a need to extend periods of stay after entering the country and greater transparency and deregulation concerning the requirements for settlement and permanent residence. On the other hand, just as with the U.S., Western Europe and other advanced countries, the existence of overstays and other illegal foreigners results in a crime rate higher than among authorized residents. Illegal employment creates situations in which people work without the protection of labor laws and stimulates unfair competition among employers who seek to turn a profit by using cheap labor. From the perspective of protecting human rights as well, we must endeavor to put an end to illegal employment.
5. Japan in a World Facing the Globalization Era World trends in the 21st century require positioning Japan from a global perspective. In recent years, Asia has become the center of activity in the world, and this has resulted in a powerful influx of goods and money. The focus is on trends in China, with its population of 1.3 billion people. In 2004, China received $65 billion in investment from outside and its position as a manufacturing center is fast becoming unshakeable. It is forecast that before long China’s export value will surpass that of Japan, currently ranked third in the world. For example, in manufacturing, there are now forecasts that “$19 Chinese-made DVD players” will appear on the world market. Not only manufacturing, but also health, leisure, travel, education and other service industries are flourishing and attracting capital investment from outside the country. In terms of domestic stock as well, last year China, amid a reportedly vibrant economy, had foreign currency reserves totaling $609 billion, second only to the U.S. Space does not permit me to elaborate on China’s people problems, but 10 million new laborers are being added each year to the work force
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supporting the economy. Amidst this, what will become of relations with Japan, Asia’s most advanced country? It would seem that the key to Japan’s future growth lies in whether Japan can establish superiority in sustaining and producing high value added manufacturing industries in an international division of labor with China. Next, let us look at the condition of the recently expanded EU. EU unification under the Treaty of Rome (most recently amended in 2003) guaranteeing free movement within the region of goods, money and people, has almost entirely embraced the countries of what was formerly Western Europe, and now is spreading eastward. With the successful unification of the former Eastern European countries (Poland, Hungary, Czech Republic, Slovakia, Slovenia and the three Baltic states) under the control of the Soviet Union for 50 years during the East-West Cold War period, a flow from west toward the east is developing. Unification can be said to have given official approval to the de facto trend since the disintegration of the Soviet Union. This region too is on its way to becoming firmly established as a focal point of investment, global manufacturing and trade. While supporting one wing of the emerging trends in the 21st century, to increase Japan’s strength it is important to promote the acceptance of excellent human resources from overseas. Accordingly, there is an urgent need to establish pertinent government policies.13
Notes: 1 For an explanation of conditions at this time, please refer to Tezuka, Kazuaki, Gaikokujin Rodosha (Nihon Keizai Shimbun, Inc., 1989) and Tezuka, Zoku Gaikokujin Rodosha (Nihon Keizai Shimbun, Inc., 1991). 2 Regarding the results of Germany’s acceptance of foreign laborers, this sort of a conclusion had already been reached in 1973 when they newly admitted foreign residents. cf. Tezuka, Gaikokujin Rodosha, p.157ff. Furthermore, the government’s decisive report on Germany’s problems of foreign laborers was published under former Speaker of the German Parliament Rita Sysmuth, and this point is stressed throughout. 3 This position is also maintained in the “9th Basic Employment Measures Plan” drafted in 1999 and the 2005 “Basic Plan for Immigration
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Foreign Workers in Japan: Reality and Challenges
Control.” 4 Fujimasa, Iwao, Ajia Gijutsusha Ryutsu Kakumei no Jitsugen ni Chosen, (FY2004 Tabunka Kyosei wo Kangaeru, Research Committee Report, Global Industrial and Social Progress Research Institute), p13ff. 5 Regarding each country’s approach to falling birthrates, see Tezuka, Kazuaki, et al., Nenkin Seido ni okeru Shoshika e no Taiou ni Kansuru Kenkyu (FY2004 Health, Labour, and Welfare Scientific Research Grant Summary Report). Furthermore, regarding the direction of Japan’s policies, see White Paper: Annual Report on Health and Welfare 2004, p144ff 6 Tezuka, Kazuaki, Gaikokujin Rodosha Kenkyu (Shinzansha, 2004) p118ff. 7 Regarding conditions subsequent to the addition of Poland, Hungary, and eight other countries to the EU, see Tezuka, Kazuaki, EU Toho Kakudai no Mondaiten wo Polando ni Miru (Economist, Feb. 15, 2005) 8 Regarding such shifts in manufacturing bases, see chapter 3 of the White Paper on International Trade Japan, 2004 edition. 9 Tezuka, Kazuaki, op. cit., ch. 4. 10 Nippon Keidanren, Gaikokujin Ukeire Mondai ni Kansuru Teigen (April 20, 2004). This report recommends considering how to handle foreign workers in non-specialized, non-technical fields; however, at present it is not clear whether economic circles are capable of the sort of stringent acceptance discussed in the text. 11 For details on this point, see Tezuka, Kazuaki, Gaikokujin to Ho, 3rd ed. (Yuhikaku, 2005), ch. 9. 12 Regarding the status of illegal workers recently in the United States, see Brian Grow, “Embracing Illegals” (Business Week, July 18, 2005), p38ff. 13 Regarding these points, see the Council on the Movement of People Across Borders report, Henka suru Sekai ni Okeru Ryoji Kaikaku to Gaikokujin Mondai e no Arata na Torikumi (October, 2004).
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Human Resource Management for Nikkei Workers and the Increase of Indirect Employment Hiroaki Watanabe Assistant Senior Researcher, the Japan Institute for Labour Policy and Training
1. Introduction This article focuses on human resource management for foreign workers, particularly those of Japanese descent (Nikkei), who are indirectly employed. It is well known that the majority of the Nikkei workers are employed indirectly. It is said that 70-80% or more of them are indirectly employed, but the truth is that we do not know the actual figure. There have been studies examining the Nikkei workers because of their tendency to engage primarily in indirect employment. This article will examine human resource management for Nikkei workers while being attentive to the fact that indirect employment has recently been increasing in the manufacturing sector.
2. Changes in the Number of Nikkei Workers and Issues Addressed in This Article (1) Changes in the Number of Nikkei Workers We can trace changes in the number of Nikkei workers in The Immigration Control Statistics (Shutsunyukoku Kanri Tokei) of the Ministry of Justice. However, it does not provide sufficient information concerning which sectors Nikkei workers work in or what types of work they are doing. In contrast, such information can be obtained from The Report on Situations of Employment of Foreign Nationals (Gaikokujin Koyo Jyokyo Hokoku) compiled by the Ministry of Welfare, Health and Labour to some degree.1 This report has such data as gender, occupation, place of origin, visa status, and number of accessions/separations per year with respect to indirectly-employed foreign workers. According to this report, the number of directly employed Nikkei workers in Japan was approximately 59,400 in 1993. The figure dropped in 2002 to 50,400 after reaching the peak in 1997 at approximately 62,600 (however, it should be noted that the number of
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Human Resource Management for Nikkei Workers and the Increase of Indirect Employment surveyed workplaces is not the same each year)2. The average number of Nikkei workers per workplace has been steadily declining from 5.11 persons per workplace in 1993 to 2.35 persons per workplace in 2002 (Figure 1).
Figure 1: Changes in the Number of Directly Employed Nikkei Workers Total Number of Nikkei Workers(Left Axis)
Average Number of Nikkei Workers Per Workplace (Right Axis)
70000